Thursday, February 21st, 2008

Arbitration: Recent Awards

Homer Elect. Ass’n & IBEW Local 1547: Arbitrator Robert Landau held that HEA violated the Working Rules in the Outside Agreement when it allowed a substation technician to test a voltage regulator outside the presence of a journeyman lineman.  Landau relied on bargaining history.
124 LA 696 (Nov. 2, 2007)
In-house counsel Bill Wielechowski represented the Local.  Donald […]

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Thursday, February 21st, 2008

U S Supreme Court: Arbitrator Decides Contract Validity

Yesterday the U. S. Supreme Court issued its opinion in Preston v. Ferrer, in which it held that questions about the validity of a contract with an arbitration clause belong before the arbitrator rather than a judge or administrative agency, despite state law to the contrary.
The Court also held that ERISA § 402(a)(2) permits a 401(k) participant […]

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Filed under ERISA, Arbitration