Union's lack of assistance in

In Dec. 2004, I won a favorable "make whole" arbitration ruling against a San Francisco Bay Area municipality. Within weeks after the ruling, and prior to my reinstatement, the municipality's and Union's political interests overshadowed the Arbitrator's ruling. In short, I was demoted to a non-management position (which I held 11 years ago), with less pay, benefits and responsibility. I was not made whole.

I do not thoroughly grasp the Arbitration system and would appreciate your help in answering the following questions:

� When a Union member achieves a "make whole" award, but the Union fails to insists that the government abide by the award, are there precedents which allow for the Union member to contact the Arbitrator directly?

� Does the Arbitrator have an "institutional interest" to oversee a just outcome of his ruling?

� Does the institution of Arbitration have a vested interest in seeing that its awards are carried to fruition?

Thank you.


Shelly Clements

1 answer  |  asked Jan 8, 2006 8:20 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
enforcement of arbitration award

if you have an actual award by an arbitrator, not merely a tentative opinion, you can take the award to a court for enforcement. you need to sit down with an attorney experienced in employment law, and especially in union matters, to see what your rights are to obtain court enforcement of the arbitrator's award. you can find one in your area at the website of the cal employment lawyers assn, www.celaweb.org.
good luck.

posted by Janet M. Koehn  |  Jan 9, 2006 12:28 PM [EST]

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