Arbitration Award and Motion for Reconsideration Denied

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WI Court of Appeals – District IV

Case Name: Local 643 Transit, et al. v. City of Beloit

Case No.: 2016AP2156

Officials: Brennan, P.J., Brash and Dugan, JJ.

Focus: Arbitration Award and Motion for Reconsideration Denied

Local 643 Transit, AFSCME, AFL-CIO (the “Union”) appeals the circuit court orders denying in part its request for modification of an arbitration award and denying the Union’s subsequent motion for reconsideration.

On appeal, the Union contends that the arbitration award exceeded the scope of the arbitrator’s authority and, therefore, Ahrens was entitled to back pay, restoration of his seniority, and all of his benefits from the date of termination. Alternatively, it maintains that, at a minimum, the arbitrator should have awarded seniority and back pay with all benefits for the period from November 10, 2015 through December 29, 2015, when Ahrens was prevented from returning to work due to conditions imposed by the arbitrator.

To be clear, we are not making any rulings on the substance of any issue on appeal. We merely remand the matter to the arbitrator to clarify his decision so that the circuit court, upon any subsequent review, can determine whether the remedy has some reasonable foundation in the CBA.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.