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(U.S. 7th Cir., Dispute Resolution & Arbitration, Labor & Employment Law) In an employment termination action, district grant of summary judgment in favor of plaintiff and the arbitrator's award for plaintiff is affirmed where the arbitrator provided exactly what the parties bargained for, and interpreted what he perceived to be ambiguity within the Last Chance Agreement to address a situation that he concluded the contract did not contemplate by its express terms.
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Blog About: United Food and Commercial Workers, Local 1546 v. Illinois-American Water Co.
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Nat'l. Postal Mail Handlers Union v. Am. Postal Wkrs. Union
(U.S. D.C. Cir., Contracts, Dispute Resolution & Arbitration, Government Law, Labor & Employment Law) In an action to overturn an arbitral award in a dispute over which union was entitled to perform certain work at a U.S. Postal Service facility, summary judgment for defendant is affirmed where, in light of the deference courts must afford to a labor arbitrator's contract interpretation (including an arbitrator's decision on arbitrability where, as here, the parties agreed to present that issue to the arbitrator) the court was required to uphold the arbitrator's decision in this case.
Senske v. Sybase, Inc.
(U.S. 7th Cir., Civil Rights, Labor & Employment Law) In plaintiff's age discrimination lawsuit against his former employer, district court's grant of defendant's motion for summary judgment is affirmed as no reasonable jury could find that plaintiff's age was the real reason behind his termination, rather than his performance deficiencies.
Balen v. Holland Am. Line Inc.
(U.S. 9th Cir., Admiralty, Dispute Resolution & Arbitration, International Law, Labor & Employment Law) In an action for unpaid wages under the Seamen's Wage Act, the district court's order granting defendant's motion to compel arbitration is affirmed where claims under the Act are subject to arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and plaintiff's claim was subject to a valid arbitration agreement.
Matrisciano v. Randle.
(U.S. 7th Cir., Constitutional Law, Labor & Employment Law) District court grant of summary judgment on plaintiff's First Amendment retaliation claim is affirmed where it was not clearly established at the time of plaintiff's transfer that the employer's action violated any constitutional rights and thus the defendants are entitled to qualified immunity.
Duvall v. Georgia-Pac. Consumer Prods., L.P.
(U.S. 10th Cir., Civil Rights, Health Law, Labor & Employment Law) In an action under the Americans with Disabilities Act (ADA) for failure to grant plaintiff a reasonable accommodation, summary judgment for defendant is affirmed where the shipping department and storeroom positions filled by temporary workers were not "vacant" within the meaning of the ADA.
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