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American Air can compel arbitration for whistleblower, union cannot -9th Circuit

A federal appeals court on Wednesday said American Airlines Inc could force an aircraft maintenance technician to arbitrate his whistleblower retaliation claims, but that the technician’s union, which the technician also sued, could not.

The 3-0 decision by the 9th U.S. Circuit Court of Appeals in Pasadena, California partially reversed a lower court ruling. Circuit Judge Marsha Berzon said American did not waive its right to arbitrate with the technician, Robert Steven Mawhinney, by waiting to invoke that right until after a U.S. Department of Labor (DOL) probe into its conduct was complete.

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