June 20, 2018 / 10:04 PM / 3 months ago

9th Circuit rejects copper company's challenge to union's arbitration victory

A divided federal appeals court has rejected a copper producer’s challenge to an arbitrator’s power to amend its union collective bargaining agreement to allow new hires to receive bonuses.

In a 2-1 ruling, a panel of the 9th U.S. Circuit Court of Appeals ruled on Tuesday that copper producer ASARCO waived its right to challenge the arbitrator’s authority in court because it failed to take affirmative steps to signal its unwillingness to arbitrate, such as forcing the United Steelworkers to sue to compel arbitration, the panel said.

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