CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Post Arbitration; Repugnancy
Single Topic for Decision 1521E
Full Decision Text (click on the link to view): Full Text
1102.02000 – Post Arbitration; Repugnancy
Arbitrator’s decision finding language of the contract ambiguous and relying instead upon past practice was not “palpably wrong.” Where a claim of unilateral change is grounded in the contract, and there is no suggestion that the arbitrator failed to consider all of the evidence relevant to the alleged repudiation of the contractual provisions, the arbitrator’s award is not repugnant to EERA.