Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Monday, December 3, 2012

Court Backs Arbitrator on Employee Raises; Union Won Award for Rollback of Increases

From The Nov. 29, 2012 Daily Labor Report:

A federal district court in Pennsylvania Nov. 26 upheld an arbitrator's ruling that a retail grocer violated its collective bargaining agreement with a United Food and Commercial Workers local by granting individual wage increases to unit employees without the consent of the union (Giant Eagle Inc. v. United Food & Commercial Workers Local 23, W.D. Pa., No. 12-cv-987, 11/26/12).

Judge Arthur J. Schwab of the U.S. District Court for the Western District of Pennsylvania granted summary judgment to UFCW Local 23 in a lawsuit brought by Giant Eagle Inc. under the Labor-Management Relations Act and the Federal Arbitration Act. Denying Giant Eagle's request to vacate the arbitration award, Schwab found the arbitrator acted within his authority in reaching a decision that could be rationally derived from the parties' labor contract.

A union forced to challenge unlawful unilateral wage increases is in a very difficult political position. I am sure that many do not challenge them. 

Mitchell H. Rubinstein

Labor Law | Permalink


I do not think that granting wage increases is illegal or wrong. The employer has decided that they are satisfied with the job done by the employees and this is the logical consequence. I do not think that the consent of the union should be taken into account.

Posted by: Handy Moves Reviews | Dec 4, 2012 4:10:06 AM

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