Local Union 824, International Brotherhood of Electrical Workers v. Verizon Florida, LLC, No. 15-10536 (11th Cir. 2015)
Annotate this CaseThe Union filed a grievance against Verizon under the collective bargaining agreement (CBA), after Verizon eliminated communications technician positions. At issue on appeal was whether the arbitrator exceeded his power by issuing a substituted award after he determined that he had exceeded his power in the original award. In this case, the arbitrator decided, at least initially, that the issue submitted included both the “minimal additional training” and the “previously held” language in the CBA. While the arbitrator was later persuaded that this was error, Rule 40 of the AAA Labor Arbitration Rules precluded him from making that determination and issuing the substituted award. Accordingly, the court affirmed the district court's judgment that the arbitrator exceeded his power.
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