Legal Question in Employment Law in New York

sue the union

I was involved in a incident which led to an abritration hearing-at this hearing lies were told and the arbritrator was misled-the union didnot protect my interest. can I sue and how ?


Asked on 8/30/06, 7:34 pm

1 Answer from Attorneys

David Simon Hogan & Rossi

Re: sue the union

More facts are needed to give proper advice. However, if you signed a submission agreement for the case to go to arbitration, then the decision is binding. The only way to vacate an arbitration award is to file a lawsuit in court but the standard is very difficult. You have to show that the arbitrator's decision was "arbitrary and capricious". In other words, if there is any evidence to support the arbitrator's findings in the record, the decision will stand.

Was this a real arbitration held by the union according to the rules in its constitution? I have seen instances where unions have their own hearings, and the complainant, judge and jury are all the same person. If the circumstances were patently unfair, and the circumstances warrant, you may have a complaint to file with the Nat. Labor Relations Board, or other recourse, but there aren't really enough facts here for me to give you complete and accurate advice.

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Answered on 8/30/06, 9:41 pm


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