Be Careful What You Wish For: DoorDash Must Honor the Arbitration Agreements it Required For All of its Couriers and Pay Close to $12 Million in Filing Fees

Staff2February 18, 2020

Many non-unionized companies now require employees and independent contractors to agree to arbitrate all their claims against the company instead of going to...

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Supreme Court of Canada Addresses Standard of Review

Staff2February 12, 2020

The Supreme Court of Canada has issued a comprehensive decision that addresses the standard of review in connection with decisions of administrative tribunals....

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NLRB Makes it Easier to Defer to Arbitration Awards

Staff2February 7, 2020

The National Labor Relations Board (NLRB) has a policy of deferring to arbitrators’ awards that deal with factual scenarios that may also constitute unfair...

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Union Seeks Contempt of Court Order Against Employer

Staff2January 15, 2020

The Teamsters Canada Rail Conference (Teamsters) has applied to the Federal Court of Canada for an Order against Canadian Pacific Railway (CP) for contempt of...

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Arbitrators Can Find That a Contract Implicitly Permits Class Arbitrations

Staff2December 11, 2019

In a decision issued on November 18, 2019, the federal Second Circuit Court of Appeals (based in New York) confirmed that under the right circumstances,...

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Workers Transporting Passengers or Goods in Interstate Commerce are Exempt from the FAA

Staff2September 13, 2019

In a case between Uber and a class of Uber drivers, the federal Third Circuit Court of Appeals clarified the parameters of the exemption under Section 1 of the...

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Winograd on Disclosures in Arbitration

Staff2August 8, 2019

In Disclosures in Arbitration: Lessons to Learn, Arbitrator Barry Winograd, current president of the NAA, comments on Honeycutt v. JP Morgan Chase, 25 CA 5th...

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Case Brief: General Re Life Corp v. Lincoln National Life Insurance Co.

Staff2July 26, 2019

An arbitration panel may issue a clarification of its final award consistent with the common law doctrine of functus officio, a federal district court in...

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Case Brief: American Federation of Government Employees v. Trump

Staff2July 24, 2019

The Federal Labor Relations Authority (FLRA) has exclusive jurisdiction to hear challenges to executive orders affecting collective bargaining in the federal...

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The Second Circuit Enforces a Union’s Waiver of Court Adjudication, Sending Them to Arbitration

Staff2July 22, 2019

In 2009, the Supreme Court determined that a union could waive bargaining protected by federal and state law and instead agree to have all statutory disputes...

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