11th Circ. Revives CWA's Bid To Arbitrate Seniority Grievance

Law360 (April 21, 2021, 2:37 PM EDT) -- The Eleventh Circuit revived a Communications Workers of America lawsuit seeking to force into arbitration its grievance with an AT&T subsidiary over a worker's seniority status, saying the union did not file its suit too late.

An unpublished decision from a unanimous three-judge panel, issued Tuesday, reversed a trial court's decision granting summary judgment to BellSouth Telecommunications on the grounds that the CWA filled its suit too long after the company said it would not arbitrate a grievance in fall 2018. The appeals court found the company's message was not an unequivocal refusal to arbitrate, noting that it continued discussing the arbitrability...

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