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Production termination!
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<blockquote data-quote="Dark_Team_135" data-source="post: 459587" data-attributes="member: 17242"><p>If the things I am reading here are true, it is pretty obvious that the company AND the union had it out for this guy. Otherwise, this case would never have made it to arbitration. Since the guy had used the NLRB previously, I am sure that he filed a charge with that agency for being terminated for union activity.</p><p> </p><p>Now that he has gotten this bogus decision, the NLRB has the right to review it and has the authority to accept it or overturn it because it is "repugnant to the Act." The problem is that the bar is set pretty high for that to happen. Even if the NLRB overturns the decision, the courts can overturn them!</p><p> </p><p>Speaking of the courts, the likelihood of them overturning an arbitrator's decision is pretty low:</p><p> </p><p><strong>In general, courts cannot overturn an arbitration Award because the arbitrator made a mistake of law or fact. Even if a court would have decided the case differently under existing law, the court will still enforce an arbitration Award that differs from what it would have decided. (This general rule may not apply where the parties have agreed to arbitrate a statutory claim, although the law in this areas is not well developed.) </strong></p><p> </p><p><strong>Courts will "vacate" and refuse to confirm an arbitration Award where it is the product of fraud, corruption, or misconduct by the arbitrators. The grounds for vacating an Award are set out in the applicable statutes. In order to have an arbitration Award vacated, it is usually necessary to show (1) a serious conflict of interest on the part of a neutral arbitrator, (2) the Award was not "final" or (3) it covered a subject that was outside the scope of the arbitration agreement.</strong></p><p> </p><p>I too was fired by UPS for union activity and because of some disagreements I have had in the past with the Local concerning their representation of UPS members, my BA laid down and I lost my case at the JAC (Regional) level.</p><p> </p><p>The NLRB removed the case from deferral and filed a complaint against UPS and ultimately I was reinstated and paid many thousands of dollars for their stupid mistake. However, I was told that I was the only person that had been fired at UPS in Indiana and later came back to work after losing a panel decision. That should tell you how rare something like that is.</p></blockquote><p></p>
[QUOTE="Dark_Team_135, post: 459587, member: 17242"] If the things I am reading here are true, it is pretty obvious that the company AND the union had it out for this guy. Otherwise, this case would never have made it to arbitration. Since the guy had used the NLRB previously, I am sure that he filed a charge with that agency for being terminated for union activity. Now that he has gotten this bogus decision, the NLRB has the right to review it and has the authority to accept it or overturn it because it is "repugnant to the Act." The problem is that the bar is set pretty high for that to happen. Even if the NLRB overturns the decision, the courts can overturn them! Speaking of the courts, the likelihood of them overturning an arbitrator's decision is pretty low: [B]In general, courts cannot overturn an arbitration Award because the arbitrator made a mistake of law or fact. Even if a court would have decided the case differently under existing law, the court will still enforce an arbitration Award that differs from what it would have decided. (This general rule may not apply where the parties have agreed to arbitrate a statutory claim, although the law in this areas is not well developed.) [/B] [B]Courts will "vacate" and refuse to confirm an arbitration Award where it is the product of fraud, corruption, or misconduct by the arbitrators. The grounds for vacating an Award are set out in the applicable statutes. In order to have an arbitration Award vacated, it is usually necessary to show (1) a serious conflict of interest on the part of a neutral arbitrator, (2) the Award was not "final" or (3) it covered a subject that was outside the scope of the arbitration agreement.[/B] I too was fired by UPS for union activity and because of some disagreements I have had in the past with the Local concerning their representation of UPS members, my BA laid down and I lost my case at the JAC (Regional) level. The NLRB removed the case from deferral and filed a complaint against UPS and ultimately I was reinstated and paid many thousands of dollars for their stupid mistake. However, I was told that I was the only person that had been fired at UPS in Indiana and later came back to work after losing a panel decision. That should tell you how rare something like that is. [/QUOTE]
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