Friedman & Anspach has represented unions in a wide variety of arbitration cases, including gaining the reinstatement of terminated or laid-off employees with large back pay and benefit fund awards, redressing immigration discrimination, protecting bargaining unit work and enforcing seniority provisions.
Local 553, I.B.T. v. Fred Schildwachter & Sons, Inc.: the arbitrator ordered the employer audit its records to determine the nature and extent of its subcontracting, so as to identify the employees entitled to back-pay for regular and/or overtime work. Additionally, the arbitrator enjoined the employer from hiring subcontractors to perform bargaining unit work and ordered managers to cease and desist from performing bargaining unit work. This happened in spite of the employer’s argument that the remedies provided for under the contract were exclusive, and no other remedies may be awarded. AAA 133000025313 (2013).
Local 338, RWDSU v. Waldbaum's: the arbitrator enjoined managers from performing bargaining unit work. We successfully convinced the arbitrator to reject the employer's appeal to past practice and the ambiguity of the contract. MS 80134 (1998).
Local 817, I.B.T. v. Lincoln Scenic: the arbitrator reinstated an employee who had been terminated for insubordination. The arbitrator accepted our position that insubordination did not fall under the summary discharge provision. AAA 133000110199 (2000).
Local 814, I.B.T. v. Beth Israel Medical Center: the arbitrator reinstated several employees laid off in violation of seniority provisions. AAA 133000153100 (2001).
Local 338, RWDSU v. Food Emporium: the arbitrator reinstated an employee who sold alcohol to a minor. In spite of the severity of the offense, the arbitrator pointed to the employee's long tenure and credible testimony. AAA 133000224503 (2003).
Local 338, RWDSU v. Trade Fair Supermarkets: the arbitrator reinstated with backpay an employee who had been terminated over a "no match" letter. The arbitrator found that the employer had terminated the employee for union activity, and that the demand for immigration documents had been pretextual. MS-25272 (2006).
Local 338, RWDSU v. PSK Supermarkets: the arbitrator found that the employer violated the contract by transferring employees to non-bargaining unit stores. The arbitrator rejected the employer's invocation of the contract's management rights clause, and found the transfers to be an inherent contract violation. FMCS 05-51919 (2006).
Local 338, RWDSU v. Waldbaum's: the arbitrator reinstated with full backpay an employee who allegedly sold cigarettes to a minor based on the Union's argument that the inspector's report was hearsay. Panel arbitration (2009).
Local 338, RWDSU v. Stop & Shop: the arbitrator reinstated with full seniority and partial backpay an employee who allegedly violated the company's anti-harassment policy based on the Union's argument that the offense did not fall into the summary discharge category. AAA 1330000165 (2011).