Local Joint Executive Board of Las Vegas v. Mirage Casino-Hotel, Inc.
The union petitioned the district court to vacate an arbitration award under section 301(a) of the Labor Management Relations Act, and Mirage filed a cross-petition seeking confirmation of the award. The Ninth Circuit reversed the district court's decision affirming the award, holding that the arbitrator's conclusion that the grievance was not arbitrable simply misunderstood the arbitrability inquiry. In this case, the arbitrator concluded that the union's exclusive remedy to recover the claimed benefits was against BB King's. Whatever the soundness of that conclusion, the panel reasoned that it plainly had nothing to do with substantive arbitrability, which, concerned only whether the dispute falls within the scope of the parties' arbitration agreement. Furthermore, the union's assent could not be inferred from its failure to call a halt to the arbitration proceedings and seek judicial resolution of the arbitrability. View "Local Joint Executive Board of Las Vegas v. Mirage Casino-Hotel, Inc." on Justia Law