Filing a demand for arbitration of a dispute held controlled by the terms and conditions set out in the relevant collective bargaining agreement

One of the issues presented in this appeal concerned a demand for arbitration by the aggrieved party [Petitioner] in response to a claim seeking the payment of a $1,111,124 "withdrawal liability" following Petitioner's withdrawal from a pension fund.

The relevant collective bargaining agreement provided that any arbitration would be filed with and therefore governed by the American Arbitration Association's [AAA] rules, which rules, as relevant here, required Petitioner to file a timely demand for arbitration and to submit the required AAA filing fee* in order to initiate the arbitration process.

Petitioner contended that the district court erred in granting summary judgment against it, arguing that:

[1] It had made a timely demanded for arbitration of the issue; and

[2] Any failure to make a timely demand was excused because the arbitration rules of the AAA "imposed preconditions to arbitration that were not fair or equitable."

Rejecting the claims advanced by the Petitioner, the Circuit Court concluded that the Petitioner was bound by the AAA's rules, which required Petitioner to initiate arbitration with the AAA by filing a timely formal demand for arbitration and submitting the required filing fee, and found that the Petitioner had not done so.

Accordingly, Circuit Court of Appeals affirm the federal district court’s judgment.

* In this instance the AAA filing fee was $8,200.

'The decision is posted on the Internet at: https://law.justia.com/cases/federal/appellate-courts/ca2/19-1093/19-1093-2020-09-03.html

New York State launches a "Dashboard" providing real-time tracking of COVID-19 infections and testing operations of every New York State school and school district

On September 8, 2020, New York State's Governor Andrew M. Cuomo announced the launching of New York State's "COVID-19 Report Card",* an Internet Web Site which will track real-time COVID-19 infections and testing operations of every New York school and school district.** 

The Governor issued an Executive Order directing schools, local health departments, labs and all testing sites properly collect and report COVID-19 testing data for students and staff at each school in New York State, ensuring this information can be accurately presented on the online COVID-19 Report Card.

COVID-19 report card data includes: positive cases by date of students and staff; number of students and staff on-site; percentage of on-site positive cases; number of tests administered by school, test type, lab used and lag time; date of last submission and update.

As schools reopen and districts, local health departments, and labs will begin reporting this data to the NYS Dept. of Health, the COVID-19 Report Card, which is  designed to provide parents, teachers, students with comprehensive data updated on a daily basis and includes such data as:

Positive infections by date of students and staff by school and school district;

Whether a school or a school district, and its student and staff, are in a remote, in-person, or hybrid learning mode;

The number of students and staff on-site;

The percentage of on-site students and staff who test positive;

The number of COVID-19 tests administered by the school, test type, lab used and lag time; and

The date of the last submission or update.

Visitors to the website simply type in their home address to identify their school district, select their specific school, and all reported positives, a breakdown of testing and results for students and teachers and the current enrollment will be displayed.  The "Dashboard" will feature 7-day trend charts so visitors can track results over time. 

* New York school districts will be providing the Department of Health with information on the number of people who have tested positive for COVID-19 and other COVID-19 related data daily. Once the reporting starts, the COVID-19 Report Card will be activated and relevant material posted on the Internet at https://schoolcovidreportcard.health.ny.gov/.

** See, also, Chapter 168 of the Law of 2020, "An act to amend the labor law, in relation to requiring public employers to adopt a plan for operations in the event of a declared public health emergency involving a communicable disease; and to amend the education law, in relation to certain protocols for responding to a declared public health emergency involving a communicable disease." The act requires all public employers, i.e., the State and political subdivisions of the State including school districts, to create plans to adequately protect workers in the event of another state disaster emergency involving a communicable disease.  Plans must be submitted to unions and labor management committees within 150 days, and plans need to be finalized on or before April 1, 2021.

New York State Governor Andrew M. Cuomo signs law to protect public officers and employees in New York State in the event of another COVID-19 type of health emergency.

Governor Andrew M. Cuomo announced that he signed a new law* that will protect State officers, employees and officers and employees of political subdivisions of the State and school district personnel  in the event of another COVID-19 type of health emergency.

Those entities are to provide a list of positions considered essential, descriptions of how employees would stagger to reduce overcrowding, and protocols for personal protective equipment [PPE], as well as noting what is required when an employee is exposed to the disease. 

Plans must be submitted to employee organizations and labor management committees within 150 days, and plans must be finalized no later than April 1, 2021.

Operation plans must include:

List and description of positions considered essential;

Descriptions of protocols to follow to enable all non-essential employees to work remotely;

Description of how employers would stagger work shifts to reduce overcrowding

Protocols for PPE;

Protocol for when an employee is exposed to disease;

Protocol for documenting hours and work locations for essential workers;

Protocol for working with essential employees' localities for identifying emergency housing if needed; and

Any other requirement determined by the New York State Department of Health, such as testing and contact tracing.

In addition, the New York State Department of Labor is to provide an online portal for public employees to report violations of health and safety rules for communicable diseases, including COVID-19.

* Chapter 168 of the Laws of 2020. The act requires public employers in New York State to adopt a plan for operations in the event of a declared public health emergency involving a communicable disease which shall include identification of essential personnel, needed personal protective equipment, staggering work shifts and providing necessary technology for telecommuting.