Labor arbitrators Lee Hornberger and Betty Widgeon will discuss Michigan AFSCME Council 25 v County of Wayne, lv app pdg, at a Lunch and Learn webinar from noon to 1:00 p.m., February 7, 2023.
In MIchigan AFSCME, the Circuit Court vacated a public sector labor arbitration award that reinstated an employee. In a split decision, the Court of Appeals affirmed the vacatur. An application for leave to appeal is pending. The Supreme Court has ordered oral argument concerning the application. The main issue is whether the Court of Appeals majority decision was correct to apply the Detroit Auto Inter-Ins Exch v Gavin standard to vacate a labor arbitration award.
Lee and Betty will review the Michigan AFSCME and Gavin cases in light of the U.S. Supreme Court Steelworkers Trilogy, the Sixth Circuit Michigan Family Resources case, and applicable Michigan Supreme Court and Court of Appeals cases concerning court review of labor arbitration awards.
Lee Hornberger is a former Chair of the SBM ADR Section, a member of the Professional Resolution Experts of Michigan (PREMi), and a Diplomate Member of the National Academy of Distinguished Neutrals. He has received the ADR Section's Distinguished Service Award in recognition of significant contributions to the field of dispute resolution and the Bashara Award in recognition of exemplary service to the Section and its members.
Betty Widgeon is a former Chair of the SBM ADR Section, a member of the Board of Governors of the National Academy of Arbitrators, and a member of the National Academy of Distinguished Neutrals. She has received the ADR Section’s Bashara Award in recognition of exemplary service to the Section and its members and the Hero of ADR award for supporting the ADR Section’s mission or the field of conflict resolution generally by providing exemplary assistance.