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Arbitration:
Decision Reversed Due To Sufficient Proof Of Removal
Arbitration:
Decision Reversed Due To Sufficient Proof Of Removal
Jowanowitch
worked for several years as an FAA air traffic control specialist,
but was removed from that position by the FAA because he had a felony
conviction. The conviction caused his secret security clearance
to be revoked. Jowanowitch grieved the action under
the collective bargaining agreement between the FAA and the Nation
Air Traffic Controllers Association. The arbitrator reinstated
Jowanowitch finding that the FAA did not "reassign the employee
to a nonsenstive position or establish by a preponderance of the
evidence that the removal of the Grievant is to promote the efficiency
of the service." The Federal Circuit reversed
explaining that Jowanowitch lost his could secret security
clearance and could not perform the job without the clearance, this
was sufficient support for removal action. Arbitration:
Arbitration Cannot Arise On The Basis Of An Omitted Term
The county appealed
the decision of the New Hampshire Public Employee Labor Relations
Board (PELRB) which compelled the county to arbitration, despite
its claim that the State Employees Association (SEA) was committing
unfair labor practices. The SEA admitted that the claim
was based on a mistakenly excluded provision of the collective bargaining
agreement (CBA), but argued that it had been negotiated by the parties.
The SEA contended that the claim was arbitrable because the claim
was based on a misinterpretation of the CBA. The court reversed
the PELRB’s decision in finding that the claim was not based on
a provision of the CBA and that an omitted term cannot be violated,
misinterpreted or misapplied. Arbitration:
Injunction Given Prior To Arbitration Must Show Irreparable Injury
The NYC Off-Track
Betting Corp (OTB) received an injunction to prevent the NY Racing
Association (NYRA) from canceling its live simulcast to OTB’s betting
parlors prior to an arbitration hearing. The court overturned the
injunction issued against NYRA, finding that OTB was not in jeopardy
of irreparable injury without the injunction or that it had a high
likelihood of success with its arbitration claim. Mediation:
Prosecutor Tried To Mediate Dispute Involving Criminal Offense
Tolias was convicted
of second degree assault. During the trial, the prosecutor's
office participated in what Tolias characterized as "mediation efforts."
Tolias made an unsuccessful pretrial motion to disqualify the entire
prosecutor's office because the deputy prosecutor was named as a
witness. ADR Online: California's New Mediation Code Chapter This article
provides the full text of California's New Mediation Code Chapter
along with the repealed sections and explanations of legislative
intent. The new code covers the fields of civil actions, insurance,
the environment, family, labor-management, community, agency actions,
etc. ADR Online: Problems Of Conflict Management In Virtual Communities This article
explores source of conflict and techniques of social control in
an open-access, text-based virtual community. It argues that
such social systems have the same kinds of opportunities and problems
brought by diversity that real communities do, but that unique features
of cyberspace make effective conflict management both more important
and more difficult. ADR Online:
The Role Of Administered Arbitration This article
outlines administered arbitration and its role in dispute resolution
as contrasted with non-administered arbitration. Recent Developments
in Dispute Resolution
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