Labor & Employment Law

Appeal order denying arbitration within 30 days

Garland Snider sued the employer, asserting claims for breach of contract and violation of state wage and hour laws.

The employer petitioned to compel arbitration, but the petition was denied by the trial court. The matter proceeded to a jury trial, where Snider prevailed. Judgment was entered in Snider's favor, and the employer appealed.

The appeal was timely filed with respect to the final judgment, but not with respect to the order denying the petition to compel arbitration.

The court held - Snider v. Production Chemical (Oregon Ct App 08/13/2008) - that pursuant to ORS 36.730

"an appeal from an order denying a petition to compel arbitration ... must be commenced within 30 days after the order is entered in the trial court register."

Since the employer's appeal was untimely as to the trial court's order denying the petition to compel arbitration, the court concluded it lacked jurisdiction to consider that issue. The court rejected other issues as unpreserved.

Full post as published by Arbitration Blog on August 14, 2008 (boomark / email).