Appellate Law

CA1: arbitration award affirmed

By S. COTUS

UMass Memorial v. United Food and Commercial Workers Union, Nos. 07-2527; 07-2528.  The hospital lost an arbitration (against the union).  The hospital went to the District Court, seeking to vacate the award.  This seems to be a dispute about whether the statute of limitations was followed because of a dispute about whether incidents were ?episodic? or ?continuous.?  The District Court noted that the arbitrator?s decision could be construed two ways.  But, the First says that it is the ?result? not the ?reasoning? that is what the District Court should be analyzing.  An award of fees in favor of the union is affirmed. 

Full post as published by Appellate Law and Practice on May 15, 2008 (boomark / email).