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Are union arbitration awards public?

Lansdale, PA |

I am at the 3rd step level after being discharged. I am afraid of going to arbitration because I don't want everyone to know my business

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Attorney answers 1

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I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

Generally they are not public. Some arbitrators ask the parties for permission to publish their decisions; either party can refuse. You need to talk to your union about this in advance because if the arbitrator wants to publish, most parties will be reluctant to refuse, thinking the arbitrator may be biased against it for the refusal. In similar situations, I have granted permission to publish if the arbitrator replaces the name of the grievant with "the Grievant" so no one will know who it is.

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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