Magazine article Dispute Resolution Journal

Court News in Brief

Magazine article Dispute Resolution Journal

Court News in Brief

Article excerpt

1st Circuit

* The arbitrator exceeded the scope of his authority under the collective bargaining agreement by reinstating an employee because the arbitrator found that the employee had been insubordinate and the CBA provided that insubordination "shall" constitute just cause for immediate termination regardless of mitigating circumstances. Poland Spring Corp. v. United Food & Commercial Workers Int'l Union, AFL-CIO-CLC, Local 1445, 314F.3d29(lstCir. 2002).

California

* A new statute mandating arbitration of labor disputes interfered with a county's constitutional right to regulate the salary of its employees, and therefore was unconstitutional. County of Riverside v. Riverside Sheriff's Ass'n (seepage 89).

* Claims to enjoin unfair competition and misleading advertising under the California Business and Professions Code, filed for the benefit of the general public, are not arbitrable. This case holds that Broughton v. Cigna Health Care is still good law. Cruz v. PacifiCare Health Sys., 133 Cal. Rptr. 2d 58 (Cal. 2003).

* Where a valid arbitration agreement governed by the Federal Arbitration Act prohibits classwide arbitration, section 2 of the FAA preempts a state court from applying state substantive law of unconscionability to strike the class action waiver from die agreement. …

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