ARBITRATION MATTER REMANDED TO ARBITRATIOR FOR CLARIFICATION OF AWARD
A district court has granted a motion to dismiss an action filed by a postal workers union against the United States Postal Service that sought to enforce an arbitration award. The arbitrator ruled in favor of the union on the merits of the dispute, included remedial provisions in his award, but expressly retained jurisdiction for the implementation and interpretation of the award. The court found that the complete arbitration rule did not apply because although the award was a final determination on the merits of the dispute, it did not fully complete the adjudication of the remedial aspects of the dispute. The award hence was not final as to its remedy. Finding that there was additional discretion to remand an arbitration award concerning an employment agreement compared to other arbitration awards, the court found that it had authority to remand to the arbitrator for clarification if it determined that the award was ambiguous, which it held meant that the award was subject to at least two differing interpretations. The court found two ambiguities in the award, and remanded for clarification of the remedies to be implemented. The court cautioned that the arbitrator did not have authority to revisit the merits of the dispute, which he had conclusively determined. Pittsburgh Metro Area Postal Workers’ Union v. United States Postal Service, Case No. 07-781 (USDC W.D. Pa. Apr. 16, 2008).
This post written by Rollie Goss.
