DC Circ. Says Labor Arbitrator Couldn't OK Own Selection
By Braden Campbell (May 25, 2021, 1:39 PM EDT) -- The D.C. Circuit on Tuesday vacated a district court decision making a maritime union arbitrate a labor dispute with shipper Liberty Maritime Corp., saying the court, and not the arbitrator, should have decided whether the arbitrator was validly appointed under their collective bargaining agreement.
The unanimous panel said the question of whether the selection of an arbitrator through a contractual — but mostly unused — process over the Marine Engineers Beneficial Association's objections was a valid appointment under the parties' contract is the sort of "question of arbitrability" that courts should decide. The panel reversed U.S. District Judge Richard Leon's January...
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