American Air Can Arbitrate Claim, Union Can't: 9th Circ.

Law360 (September 26, 2018, 8:20 PM EDT) -- A Ninth Circuit panel on Wednesday ruled a former American Airlines Inc. worker must arbitrate a whistleblower retaliation claim against the company, but said he could continue pressing in U.S. Department of Labor litigation a parallel claim against his former union.

Ex-American Airlines worker Robert Steven Mawhinney had argued the company waived its right to make him arbitrate his Aviation Investment and Reform Act for the 21st Century retaliatory firing claim by waiting until after the Labor Department had finished investigating his claims to invoke an arbitration agreement he had signed. The unanimous panel in a published order rejected Mawhinney's argument, saying...

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