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Arbitration

The Arbitration Practice Group is chaired by Chris Kleppin. The group is involved in representing both private and public employers at arbitrations relating to a myriad of employment and labor related issues, such as grievances by employees of discipline they have received and issues arising out of the interpretation of collective bargaining agreements. The group is also involved in obtaining stays of existing court cases and compelling those cases to arbitration to the extent the parties have agreed to arbitrate their claims. The group has drafted arbitration agreements, and has gotten those agreements upheld (meaning the courts stayed the cases and compelled them to arbitration).

List of Clients: Broward Sheriff's Office, School Board of Broward County, Levitz Furniture, Town of Davie, and Nanak's Landscaping, Inc.

List of Cases: Our firm enjoys the pleasure of having many legal victories either by dispositive motion or via arbitral decision. A sampling of those cases is set forth below.

Published Cases by Westlaw in Which the Firm's Client Prevailed in Arbitrations

  • In Re School Board of Broward County and Individual Grievant, 2007 WL 5272092, 124 Lab. Arb. (BNA) 1705

The firm represented the employer, the School Board of Broward County, in a case filed by an employee who received discipline. The employee had been employed with the School Board for fourteen (14) years, and was employed as a security specialist. According to two different witnesses, the employee uttered sexually-charged statements to a 16-year old student, which resulted in his termination, but those statements were excluded from evidence. The arbitrator admitted into evidence a threatening statement to a student and another statement regarding a student' virginity. The arbitrator held that termination was not the appropriate remedy, and modified the discipline to a 90-day suspension without pay.

  • In re Broward County Sheriff's Office and Federation of Public Employees, 2001 WL 462950, 115 Lab. Arb. (BNA) 708

The firm represented the employer, the Broward County Sheriff's Office, in a case filed by an employee who received discipline. The employee had been employed with the Sheriff's office for approximately 10 years as a road patrol and law enforcement officer. The employee was caught soliciting a prostitute and was terminated. The grievance was overruled, and the Sheriff's Office's employment actions were upheld by the arbitrator.

  • In Re Broward County Sheriff's Office and Federation of Public Employees, 2000 WL 33260703

The firm represented the employer, the Broward County Sheriff's Office, in a case filed by an employee who received discipline. The employee had been employed with the Sheriff's office for a number of years, and claimed that he did not receive an assignment in the Psychiatric Unit of the Broward County Jail because he was not Jewish. The employee filled out reports that were not truthful which constitutes conduct unbecoming a police officer, and he was fired. The arbitrator modified the discipline by giving the employee his job back, but denying the employee any entitlement to back pay.

  • In Re Levitz Furniture Company of Washington, Inc. and Retail Store Employees, Union, Local 1001, 1982 WL 30885, 78 Lab. Arb. (BNA) 335

This case was filed against client Levitz Furniture by terminated employees who wanted the collective bargaining agreement to be interpreted as to include a payment to them of accrued vacation benefits. The arbitrator held that employer had not improperly denied vacation pay upon termination to the employees in the case, and thus overruled the employee's objections to their termination. The arbitrator refused to award the employees pay in lieu of vacation. The grievance was dismissed.

Cases Not Published by Westlaw in Which the Firm's Client Prevailed in Arbitrations

Our firm has represented the Broward Sheriff's Office and the School Board of Broward County in many arbitrations, arising out of grievances filed pursuant to a collective bargaining agreement. Some representative awards follow: Deputy Nir Mordachay (Arbitrator Jerome J. LaPenna upheld the grievant's discharge for conduct unbecoming a deputy). William Richardson (Arbitrator Robert O. Harris denied the grievant's request for additional compensation based upon grievant allegedly working in a higher classification as school security specialist). Deputy Michale Elliott Roy. (Arbitrator Robert B. Hoffman upheld the termination of the grievant for abuse of position and authority). Deputy Nathan Hebert (Arbitrator Don B. Hays upheld the termination of the grievant for dishonesty). Captain Raymond Hoecherl (Arbitrator Jerome H. Wolfson upheld the suspension and reprimand of the grievant based upon rudeness to visitors).