Tuesday, September 30, 2014

Neutral Arbitrator To Decide Rice Supsension From NFL

In the NFL Players Association (NFLPA) appeal of Ray Rice's indefinite suspension, a neutral arbitrator, rather than someone appointed by National Football League (NFL) Commissioner Roger Goodell, will decide the outcome. Reportedly, the NFLPA executive director, DeMaurice Smith, told the union's executive board that "for the first time ever, the league in the Rice appeal has agreed to a neutral arbitrator" in a personal conduct disciplinary case. Each side submitted candidates for the arbitration and will confer regarding the final choice of the arbitrator. The NFL did say when the appeal was filed that Commissioner Goodell did not intend to personally hear the case. In an email obtained by ESPN, Smith wrote, "This occurs in the context of a difficult set of facts and circumstances [but] it is a positive movement on the overall question of neutral arbitration and a fair personal conduct discipline process." Smith also said the NFLPA will form a commission of diverse experts to assist the union and the league to address "education, prevention, counseling and the discipline process regarding domestic violence and sexual assault." Smith said also that the NFLPA leadership began reaching out to league sponsors to essentially demonstrate that "while we have occasional player issues, that the far majority of players are exactly the type of representatives they want and that we will address the process issues that have caused them concern." See full story here-- http://es.pn/1u8GYap

Tuesday, September 23, 2014

Arbitrator Goes Postal Union

Nine thousand U.S. Postal Service jobs will become union positions over the next quarter in an arbitration ruling this month that requires post offices use bargaining-unit employees at sites with reduced operating hours. An arbitrator found the USPS violated an agreement with the American Postal Workers Union by using part-time employees instead of union clerks at many slower post offices where hours were reduced in 2012 to save the agency money. Union clerks will now be used at facilities that have cut back hours. Workers filed the grievance against the USPS after a reduction in hours at low-traffic post offices which was a compromise when labor groups and Congressmen pushed back against earlier plans to close them. Prior to this arbitration ruling, the postal service used part-timers to fill the positions. In more than 13,000 offices, less than 350 jobs were held by union clerks. The arbitrator found that the arrangement of remotely managed post offices was not the typical consolidation that the parties have routinely dealt with for decades. See more here-- http://wapo.st/1snvIrX and http://bit.ly/1prhn62 and a copy of the ruling http://www.apwu.org/sites/apwu/files/resource-files/POStPlan_Staffing_090514.pdf

Monday, September 15, 2014

ICANN Registration Restrictions Dispute Resolution Procedure (RRDRP)

The Internet Corporation for Assigned Names and Numbers (ICANN) is the not-for-profit corporation with participants from the world over dedicated to keeping the internet secure, stable and interoperable. It promotes competition and develops policy on unique identifiers. ICANN's RRDRP is intended to address circumstances in which a community-based "New gTLD" Registry Operator deviates from the registration restrictions outlined in its Registry Agreement. This rubric addresses circumstances in which a New gTLD deviates from community-based restrictions. A "community-based" gTLD is one operated for the benefit of a clearly delineated community, restricting the individuals and entities that may register domains in the gTLD. To have standing, the complainant must show that it is an established institution associated with a defined community related to the gTLD string at issue. Complainants must establish that the defined community consists of a restricted population that the gTLD supports. To maintain a successful claim, they must prove that the gTLD operator violated its own community-based restrictions in its registry agreement and that there is a measurable harm to the complainant and the community at issue. Under the RRDRP, parties are encouraged-- but not required-- to participate in informal negotiations or mediation at any time throughout the dispute resolution process. However, the conducting of any such settlement negotiation is not, standing alone, a reason to suspend any deadline under the proceedings. See more information here-- http://bit.ly/1uDKgS3 and http://bit.ly/ZmV0JR

Wednesday, September 3, 2014

AAA's New Consumer Arbitration Rules

This month, the American Arbitration Association's new Consumer Arbitration Rules became effective. According to AAA, these rules apply when arbitration clauses exist in agreements between individual consumers and businesses where a business has standardized, systematic application of arbitration clauses to its customers and where the terms and conditions of the purchase of standardized, consumable goods or services are non-negotiable or primarily non-negotiable in most or all of its terms, conditions, features, or choices. The product or service must be for personal or household use. The AAA will have discretion to apply the Consumer Arbitration Rules and parties can bring any disputes concerning the application or non-application to the attention of the arbitrator. Businesses are required to submit their consumer arbitration clause to the AAA for review and determination that the clause substantially and materially complies with the due process standards of the AAA’s Consumer Due Process Protocol and the amended Consumer Rules. Businesses will only be included in the registry after the AAA reviews a submitted clause, receives the required fee and determines that it will arbitrate a consumer-related dispute under the clause. The fee has been lowered to $500 for clauses submitted in 2015. AAA will charge an annual renewal fee starting in 2016. Each variation of the business’s arbitration clause must be separately registered. If a business has not registered its consumer clause prior to the filing of a consumer case, the AAA will require that the business register its clause at that time for an additional fee of $250 for an expedited review. Additionally, any subsequent revisions to a currently registered arbitration clause must be resubmitted for review. A fee of $500 will be assessed to review revisions. See more here-- http://bit.ly/Z7rSWJ and http://bit.ly/1lAgU6l