Minnesota Nurses Association.v. North Memorial Health Care, No. 15-2211 (8th Cir. 2016)
Annotate this CaseNorth Memorial and MNA, pursuant to a collective bargaining agreement (CBA), referred a grievance to arbitration. The district court subsequently granted in part MNA's motion to vacate the arbitral award. The arbitrator addressed whether North Memorial violated the CBA when it refused to regularly schedule the Grievant with no weekend work. The district court imposed a prospective remedy on the parties. The court concluded that the district court correctly concluded the arbitrator was without authority to issue a prospective remedy because his decision exceeded the scope of the submission presented to him by the parties. Reading the plain language of the issue as set out in the decision, the court did not believe that the arbitrator was even arguably acting within the scope of his authority. Accordingly, the court affirmed the judgment.
Court Description: Beam, Author, with Shepherd and Kelly, Circuit Judges] Civil case - Arbitration. In a proceeding where the issue before the arbitrator was whether the hospital had violated a provision of the collective bargaining agreement giving senior nurses "no-weekend" schedules by denying a qualifying nurse's request for such a schedule, that portion of the arbitrator's award requiring the hospital to prospectively spread the weekend work among all nurses granted no-weekend schedules was outside the scope of the arbitrator's authority as the arbitrator effectively rewrote the CBA to remedy future, as-yet-ungrieved acts.
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