Mr Mcfarlane tells us that the ARBITRATOR RULING supersedes the ELRB ruling. In other words the arbitrator has the power to IMPLEMENT CONTRACTS THAT HAVE BEEN BARGAINED IN BAD FAITH. I personally AM NOT a lawyer, but I don't see how an illegal provision in a contract is legally binding arbitrators ruling or not.
I just don't believe Mcfarlane in this matter,(click here) and who knows where the union stands on this because they have not been entirely clear.
Get this out of the sticky union vs management process that goes like molasses, I have my ERB ruling, and I want to see Mr Mcfarlane argue his case to a small claims judge, cause he doesn't have a case from a small claims point of view! (IMO of course)
17 comments:
Margulies vs. McFarlane may just go to the Supreme Court.
This was a smart and strategic move by Al. Now..we all understand he goes up against a 3rd floor full of TM lawyers & directors.
Like that has ever stopped him! Al has just pushed the button forcing the answer to be--legally asnwered.
Long may he run!
I really do not believe Mcfarlane in this matter.
Let's see him present the case one on one, I'm gonna have that ruling with me.
Let's see him try to explain to the small claims judge why that LEGAL opinion does not stand just because some NON LEGAL ARBITRATOR makes a decision on something.
The arbitrator is not a court of law. It's just that simple.
Oh I agree. What is fascinating is your move will result in a pure legal review and decision that is based on State Employment/Employer laws. The decision this Arbitrator followed did not include those legal elements, because, he did not have those parameters before him.
http://en.wikipedia.org/wiki/Arbitration
"I" wrote about the atvantages and disadvantages of an arbitration some months ago, and warned "everyone" that the outcome would be this way. But, in Hunt like fashion, "he" sold "us" out. Read up, on just what an arbitrator can and cannot do. Then you'll say "WTF"
Thanks for the link I will study it now.
OK I understand that, but my point is that even an arbitrator CAN NOT VIOLATE LAWS.
My understanding of contractual law is that a contract CANNOT BE IN VIOLATION OF A LEGAL OPINION.
And arbitrator for example can't rule that slavery is legal, because its illegal.
The parties agree to arbitration but the ruling of the arbitrator has to follow the law, and if it doesn't then that part of the contract is thrown out.
The arbitrator himself admits that Trimet is most likely violating the laws in parts of his decision.
He doesn't decide which parts of his decision are legal or illegal, that's for other courts to consider.
My case is based on ELRB making the decision that Trimet bargained in bad faith. And did things that were in fact ILLEGAL. The arbitrator does NOT GIVE AMNESTY FOR TRIMET as far as I am concerned.
Neil is ignoring that, and only a court can challenge him.
ARBITRATOR SAYS 'TRIMET CAN BE SUED'
That "is" exactly, what I thought the company wanted, arbritor or not, it was going into the court system, in order to stall any attempt that "we" took to resolve these issues....sit back and don't hold your breath, this will be played out for probably years. This all could have been avoided if Hunt acted in "our" best interst. Right now he is only fighting Bruce for his old furniture, I guess he meant WAR for sure. SAD!
Maybe but there is a possibility that I could prevail on this.
My bet is the high priced lawyers are gonna try to find a technicality to get Mcfarlane out of this.
Get the popcorn, people. Shit just went down.
Hell yes!
"The" only way to give a beat down is to look at the bigger picture and put the boot in the ass in November!
I said long ago that we should take Mcfarland to small claims court over this and no one took it seriously. Glad to seee you did Al I will be filing my claim on Monday as I feel the more claims we file the better this will get someones attention. We need more than me and AL though people its time to stand up and fight. Spread the word. Cris Orlando will see Neil in court too.
That is truly good news Cris!
Forward movement...at last!
Go for it, Al! Show them who is boss! :p
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