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United Steel Workers v. VI Port Authority
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United Steel Workers v. VI Port Authority
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United Steel Workers v. VI Port Authority
S. Ct. Crim. No. 2017-0043
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Case Caption:
United Steel Workers (USW), AFL-CIO-CLC LOCAL UNION 9489 v. Virgin Islands Port Authority
Case Number:
SCT-CIV-2019-0084
Date:
06/16/2022
Author:
Hodge, Rhys S.
Citation:
2022 VI 13
Summary:
In a review of an arbitration proceeding between a union and the Virgin Islands Port Authority, arising from an employee’s request for donated leave to facilitate care of his mother during a serious illness, under the applicable Virgin Islands common law principles the Superior Court failed to sufficiently defer to the arbitrator, in that it fully upheld the arbitrator’s primary rationale for awarding full back pay and benefits to employee – under timeliness requirements and a forfeiture provision in the collective bargaining agreement – but nevertheless vacated the arbitration award solely because it disagreed with the arbitrator’s alternate ground for awarding the same remedy. Accordingly, the Superior Court’s October 2, 2019 opinion and order are reversed and this action is remanded with instructions to reinstate the May 5, 2017 award of the arbitrator.
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