Experience
Arbitration Transport Workers Union of America, Local No. 208 v. COTA Security Gate
This case involved the addition of job duties to a bargaining unit position and whether management could make the assignment without negotiating with the Union. The Arbitrator confirmed that this was within management's right.
Arbitration, Oil Refinery and United Steel Workers, Duped Wages
Union sought 2 years of back pay over alleged misrepresentation regarding the changes to method of calculation of wages under a 12 hour shift agreement. Based on the Union's calculations, the Company owed the Union in excess of $1 million dollars in unpaid overtime. The arbitrator's decision denied the grievance in its entirety.
Arbitration, Oil Refinery and United Steel Workers, Employee Discharge
Grievant was discharged for failing to pass qualifications testing. The arbitration was significant because it established that the testing process is reasonable, fair, and calculated to determine the qualifications of the individual. Moreover, the grading process was also determined to be fair. The decision is significant in that challenges to the process are unlikely.
Arbitration, Oil Refinery and United Steel Workers, HAZOP
This case involved the Company's decision not to follow a participative program provision in the contract, where the Union had unilateral veto rights over the Union's participation in the program. The Company instead assigned employees under management's rights to work on process safety management. The arbitrator upheld the Company's right to make the work assignment, even though it was not a typical job duty of the assigned employee.
Arbitration, Oil Refinery and United Steel Workers, Maintenance Bid
This case involved the Company's right to post jobs and fill positions based upon qualifications, instead of straight seniority. The Company had never exercised the right in over 50 years at the facility. The arbitrator held that "deciding when a position is open, at what level to fill an open position, establishing and determining position qualifications and determining who is qualified are all traditional and recognized functions of management. * * * Mere non-use of a right does not entail a loss of it."
Arbitration, Oil Refinery and United Steel Workers, Paragraph 131 Wages
In this case, the Union challenged the wage rate for new position created when the Company installed a Gasoline Desulphurization Unit. The installation caused a restructuring in the line up. This was a case of first impression under the contract. The Company's restructuring of the department and wage rate set for the new position was upheld, and the arbitrator adopted the Company's proposed standard of review for new wage rates. The decision paved the way for further restructuring.
Arbitration, Oil Refinery and United Steel Workers, Scheduling
In this case, the Union grieved the rotation of workers through different assignments at the Lima facility, contending that the definition of schedule under the contract included days and hours of work, as well as the work assignment. The Union's position was that a two-week rotation had to be followed, which meant that the Company would have to call in workers on overtime to cover shifts if the rotation put an employee in a position for which they were not yet qualified (eg. boilerhouse). The Arbitrator confirmed the Company's position and held that the schedule is limited to the days and hours of work. The Company's management rights clause allowed the Company to change employees' rotation through assignments, which significantly reduced the Company's overtime costs.
Arbitration, Oil Refinery and United Steel Workers, Use of Contractors
In this case, the Union challenged the wage rate for new position created when the Company installed a Gasoline Desulphurization Unit. The installation caused a restructuring in the line up. This was a case of first impression under the contract. The Company's restructuring of the department and wage rate set for the new position was upheld, and the arbitrator adopted the Company's proposed standard of review for new wage rates. The decision paved the way for further restructuring.
Negotiation and Arbitration of Interconnection Agreement (Telecommunications)
We represented an Indiana-based competitive local exchange carrier in the negotiation and arbitration of its interconnection agreement with AT&T in Kentucky. During this representation before the Kentucky Public Service Commission, we were successful in allowing our client to obtain the interconnection services necessary to begin offering competitive 911 service in Kentucky. This has become a landmark result, as it has opened the Kentucky 911 market to the first effective competition in history.
Panetta v. Chesapeake Energy Corp., 2010 U.S. Dist. LEXIS 46947 (S.D. W.Va. 2010)
Co-counsel in the successful enforcement of contractual arbitration provisions against a plaintiff who alleged that Chesapeake engaged in fraud in connection with his severance. After removing the case to federal court, Chesapeake filed a motion to dismiss maintaining that the plaintiff’s claim falls under the arbitration clause of the severance agreement, and that under the Federal Arbitration Act it must be stayed or dismissed so that the case could be arbitrated. The Court granted Chesapeake’s motion and stayed further action.