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3 Jun 2015, 8:53 am
Moreover, because the appellate record does not include either a copy of the arbitration agreement or a record of the arbitration, Mega Builders cannot show that the arbitrator exceeded her authority. [read post]
19 Jul 2015, 8:00 pm
The arbitrator found that the context described above provided the employer with reasonable and probable grounds to monitor the workers as it did. [read post]
1 Sep 2009, 11:23 am
Second, arbitration agreements are contracts. [read post]
27 Dec 2015, 7:17 am
(Arbitrator overturns decision to fire UNH professor). [read post]
24 Jul 2018, 8:22 am
The default option is a decision by a single arbitrator based on the parties’ pleadings and other materials submitted by the parties, and the alternative option is a full hearing with a single arbitrator. [read post]
11 Jan 2014, 9:00 am
Tags: Arbitration [read post]
13 Jan 2020, 4:00 am
The arbitrator then directed that the retroactive salary increase would be conditioned upon excision of the pay parity provision from the CBA going forward.The Board initiated a CPLR Article 75 to vacate the portion of the arbitration award which called for excision of the pay parity provision from the CBA. [read post]
9 Mar 2013, 3:23 am
Secondly, arbitrators aren't necessarily bound by the law. [read post]
13 Oct 2013, 8:06 am
Recognizing the limited scope of review of an arbitrator's award, and the arbitrator's authority to interpret the parties cba, the Court nevertheless concluded that, while postured as an interpretation, the award effectively rewrote the parties' agreement:The Court begins by noting that the Arbitrator's "interpretation" conflicts with the plain language of the CBA. [read post]
13 Jan 2020, 4:00 am
The arbitrator then directed that the retroactive salary increase would be conditioned upon excision of the pay parity provision from the CBA going forward.The Board initiated a CPLR Article 75 to vacate the portion of the arbitration award which called for excision of the pay parity provision from the CBA. [read post]
25 Feb 2013, 9:16 pm
The court rejected the District's argument, affirming the arbitrator once again. [read post]
1 Jul 2005, 6:41 am
So far this summer, BHMK attorneys have racked up three arbitration wins.First, Hank Kaplan successfully arbitrated a grievance challenging the demotion of a police lieutant. [read post]
30 Jan 2008, 9:33 am
Offer mediation--a process in which a trained mediator does not issue a ruling but helps guide participants toward a resolution--but do not require it before parties may engage in arbitration. [read post]
13 Jan 2007, 1:53 pm
If you want to save money on employment disputes, consider mediation — a much more valuable ADR (alternative dispute resolution) technique. [read post]
9 Dec 2020, 4:00 am
Noting that public policy and the courts have long favored parties' efforts to resolve their disputes by means other than litigation, namely through the alternative submitting the issue to mediation or arbitration, the Appellate Division explained that "[T]he announced policy of this [s]tate favors and encourages arbitration as a means of conserving the time and resources of the courts and the contracting parties," citing Nationwide Gen. [read post]
9 Dec 2020, 4:00 am
Noting that public policy and the courts have long favored parties' efforts to resolve their disputes by means other than litigation, namely through the alternative submitting the issue to mediation or arbitration, the Appellate Division explained that "[T]he announced policy of this [s]tate favors and encourages arbitration as a means of conserving the time and resources of the courts and the contracting parties," citing Nationwide Gen. [read post]
18 Mar 2022, 5:00 am
" Although the Petitioners' claimed that there was intentionally concealed video evidence present in the course of the arbitration, the Appellate Division opined that Petitioners failed to demonstrate that the alleged concealed video evidence was "materially related to an issue in arbitration" as the arbitrator had determined that the testimony given at the hearing was sufficient to sustain the employee's guilt and the imposition of the penalty of… [read post]
10 Apr 2023, 4:02 am
Bad enough that customers are forced to use FINRA's arbitration forum, but, worse, a FINRA Arbitration Award often raises more questions than it answers, as demonstrated in today's featured case. [read post]
25 Jan 2014, 6:47 am
For one thing, arbitration is quite expensive. [read post]
18 Mar 2022, 5:00 am
" Although the Petitioners' claimed that there was intentionally concealed video evidence present in the course of the arbitration, the Appellate Division opined that Petitioners failed to demonstrate that the alleged concealed video evidence was "materially related to an issue in arbitration" as the arbitrator had determined that the testimony given at the hearing was sufficient to sustain the employee's guilt and the imposition of the penalty of… [read post]