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The Association represents San Francisco Police Department (SFPD) officers. The Commission prescribes and enforces SFPD regulations. The agreement between the two gives the Association the right to notice and an opportunity to meet and confer regarding “any proposed change in general orders or other matters within the scope of representation.” The Commission announced that it planned to revise SFPD’s use of force policy and began meeting with stakeholders. In response to the Association's request that the city confer regarding the proposed policy, the city stated that "the policy is a managerial right outside the scope of bargaining" but agreed to meet once the new policy was approved, “to consider negotiable impacts.” A draft policy was prepared. Disagreement remained regarding provisions that prohibited police use of the carotid restraint and strictly prohibiting officers from shooting at moving vehicles. The Commission adopted the policy. The city met nine times with the Association then declared an impasse. The Association filed a grievance, alleging failure to negotiate in good faith. The city concluded that remaining areas of disagreement were management rights, outside the scope of representation, including the prohibition against shooting at moving vehicles and the ban on carotid restraint. The court of appeal affirmed denial of the Association’s motion to compel arbitration. The parties did not agree to subject the city’s determinations regarding the revised use of force policy to arbitration. View "San Francisco Police Officers' Association. v. San Francisco Police Commission" on Justia Law

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In these related appeals brought under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), at issue was whether the district court properly compelled arbitration of plaintiff's claims for whistleblowing retaliation. The Ninth Circuit affirmed as to the retaliation claim against plaintiff's employer, American Airlines, holding that the Airline did not waive its right to arbitrate by waiting to move to compel until after an agency investigation into its conduct was complete, nor was there reason to believe private AIR21 retaliation claims were inherently nonarbitrable. The panel reversed as to the retaliation claim against the Union, holding that the Union was not a party to the arbitration provision at issue in these cases and was not otherwise entitled to enforce the provision. View "American Airlines, Inc. v. Mawhinney" on Justia Law

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After attempting to persuade the Tribe to pay him for services provided under construction and rental agreements, Findleton requested that the Tribe mediate and arbitrate pursuant to clauses in the agreements. The Tribe failed to respond. Findleton filed a petition in March 2012, in the Mendocino County Superior Court to compel mediation and arbitration. The court held the Tribe had not waived its sovereign immunity. The Tribe sought attorney fees it had incurred in defending against Findleton’s petition, which the superior court granted. The court of appeal remanded, finding the Tribe had waived its sovereign immunity, reversing the award of fees. On remand, Findleton again filed a petition to compel mediation and arbitration and sought contractual attorney fees he had incurred in the prior appellate proceedings. The Tribe did not oppose the fee motion on the merits but requested that the court defer ruling until the Tribe filed a demurrer challenging the court’s jurisdiction. The superior court rejected that request and granted Findleton’s motion, awarding costs ($4,591.79) and attorney fees ($28,148.75). The court of appeal affirmed. The Tribe has not demonstrated that tribal remedy exhaustion was required here nor would requiring exhaustion at this late date serve any purpose other than further delay of a case that is already six years old. View "Findleton v. Coyote Valley Band of Pomo Indians" on Justia Law

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Plaintiffs, current and former Uber drivers, filed putative class actions alleging that Uber violated various federal and state statutes by, among other things, misclassifying drivers as independent contractors rather than employees. The Ninth Circuit previously considered and reversed the district court's orders denying Uber's motions to compel arbitration in Mohamed v. Uber Technologies, Inc., 848 F.3d 1201, 1206 (9th Cir. 2016). In this case, the panel rejected plaintiffs' additional arguments as to why the arbitration agreements were unenforceable. Because the class certification by the district court was premised on the district court's determination that the arbitration agreements were unenforceable, the panel reversed class certification. The panel also held that the Rule 23(d) orders were based on the district court’s denial of the motions to compel arbitration and its granting of class certification. Because these decisions must be reversed, there was no longer a basis for the district court's restrictions on Uber's communication with class and putative class members. Therefore, these orders were moot and the panel reversed. View "O'Connor v. Uber" on Justia Law

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Local Union 3-G represents employees at Kellogg’s Battle Creek plant and is affiliated with the International Union, which represents employees at additional Kellogg’s plants. “Regular” employees and “non-regular” employees, including casual employees, make up the 3-G bargaining unit. There is a Master Agreement between Kellogg, the International Union, and local unions at four plants, which have Supplemental Agreements. A Memorandum of Agreement, appended to the Battle Creek Supplemental Agreement, states that the Supplemental and Master Agreements will not apply to casual employees and the Company may terminate casual employees without being subject to the grievance procedure. A 2015 Master Agreement “established wage rates, a signing ratification bonus for all employees, the establishment of a transitional employee classification to replace casual employees, and other changes" for all Battle Creek bargaining unit employees. After the ratification vote, Kellogg refused to pay a ratification bonus to casual employees, seasonal employees, and some regular employees. The parties went through the grievance procedure, but Kellogg refused to arbitrate, arguing that the arbitration provisions do not apply to casual employees. The Sixth Circuit previously held that arbitration provisions in the “Memphis Supplemental Agreement” did not cover casual employees. The district court determined that judicial estoppel did not apply to the Battle Creek action and granted the motion to compel arbitration. The Sixth Circuit affirmed, The Agreement has a broad arbitration clause, so the presumption of arbitrability is particularly applicable. View "Bakery, Confectionery, Tobacco Workers and Grain Millers International Union AFL-CIO v. Kellogg Co." on Justia Law

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The Eleventh Circuit held that the district court correctly determined that the availability of class arbitration was a question of arbitrability, presumptively for the court to decide, because it was the kind of gateway question that determined the type of dispute that would be arbitrated. In this case, defendants sought to compel arbitration on a class basis with JPay, a Miami-based company that provides fee-for-service amenities in prisons in more than thirty states. The court held, however, that the language the parties used in their contract expressed their clear intent to overcome the default presumption and to arbitrate gateway questions of arbitrability, including the availability of class arbitration. Therefore, the court vacated the district court's grant of summary judgment to JPay, reversed the denial of defendants' motion to compel arbitration, and remanded for further proceedings. View "JPay, Inc. v. Kobel" on Justia Law

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Plaintiff Grand Summit Hotel Condominium Unit Owners’ Association (Association), filed claims against defendant L.B.O. Holding, Inc. d/b/a Attitash Mountain Resort (Attitash), arising from Attitash’s alleged failure to maintain a cooling tower at the Grand Summit Hotel and Conference Center (Condominium) in Bartlett. Attitash moved to dismiss the Association’s claims, arguing that they were barred by a provision, which required arbitration of certain disputes, in a management agreement between the parties. The trial court denied Attitash’s motion to dismiss, ruling that the Association’s claims fell outside of the scope of the provision. Finding no reversible error, the New Hampshire Supreme Court affirmed the trial court. View "Grand Summit Hotel Condominium Unit Owners' Association v. L.B.O. Holding, Inc.. d/b/a Attitash Mountain Resort" on Justia Law

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In this case alleging several violations of federal and state discrimination laws the First Circuit affirmed the decision of the district court denying Defendant’s motion to stay the proceedings in district court and compel arbitration, holding that the contract to arbitration in between the parties was unenforceable. Plaintiffs - several individuals and the National Federation of the Blind - filed a complaint alleging that Defendant - the Container Store, Inc. - failed to utilize tactile keypads on its point-of-sale devices in its stores that could independently be used by customers who are blind in violation of federal and state discrimination laws. Defendant moved to compel arbitration, citing an arbitration provision in the terms and conditions of a loyalty program of which the individual plaintiffs were members. The district court denied the motion. The First Circuit affirmed, holding (1) based upon the lack of evidence that the in-store plaintiffs had any knowledge that arbitration terms applied to their enrollment in the loyalty program, Defendant failed to establish that an agreement to arbitrate was consummated between it and three of the four individual plaintiffs; and (2) the district court did not err in finding that the loyalty program agreement was illusory and therefore void. View "National Federation of the Blind v. Container Store, Inc." on Justia Law

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A defendant that timely asserts that the district court lacks personal jurisdiction and litigates the issue to an adverse decision from the district court does not waive the personal jurisdiction defense by vigorously litigating defenses to the merits, including by asserting counterclaims against other parties. The Ninth Circuit reversed the district court's judgment compelling arbitration of contract claims and held that the Bank was entitled to litigate its defenses and counterclaims in a related matter between similar parties without waiving the issue of personal jurisdiction, because the Bank had timely asserted the personal jurisdiction defense and received an adverse ruling (that jurisdiction was proper) from the district court. The panel remanded for dismissal based on lack of personal jurisdiction. View "InfoSpan, Inc. v. Emirates NBD Bank PSJC" on Justia Law

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Following mediation, a trust beneficiary and a trustee signed a document purporting to settle a bitter family litigation and referring future disputes to the mediator for resolution. The beneficiary subsequently denied that she settled and asked the mediator to resolve the issue, but the mediator concluded that the parties had reached a binding settlement. The beneficiary tried to resurrect this issue in the superior court, but the court concluded that the mediator’s decision was within the scope of the authority conferred by the parties. After review, the Alaska Supreme Court concluded the superior court did not err by confirming the mediator’s decision. Furthermore, the court did not err by denying the beneficiary’s petition to review the trustee’s compensation, or by awarding Alaska Civil Rule 82 attorney’s fees to the trustee. View "Lee v. Sheldon" on Justia Law