How can I obtain a copy of an Agreement to Arbitrate?
Country relating to Question: United States
State (if USA): Missouri
I have called the offices of the attorneys for the parties, followed up with e-mail to same.
I have written to Senator Claire McCaskill and her staff in Washington, D.C. I have spoken to the Arbitrator who wrote the Award.
I spoke to three attorneys in Kansas City who engage in arbitration. They won't help me.
I can identify the Award, its date and author, the parties, the witnesses etc, but cannot be permitted to see the Agreement.
Hello and thank you for the question. I am sorry to read of this dilemma. Neither the lawyer nor arbitrator will give you a copy? was it filed with the court?
The arbitrator told me that the Arbitration was not had in connection with section 6 of the Railway Labor Act, and was therefore exempt from the filing requirement. I called the clerks of the Federal District Court in Fort Worth, TX, Washington D.C., Philadelphia, PA (where arb. conducted.)
and Delaware, where the company is incorporated. No filings found.
That is not uncommon and often retained by the parties. you never received a copy when issued? have you considered offering to pick up a copy from arbitrator or lawyer office? Or provide for a messenger to pick up?
I have a messenger ready in Dallas to retrieve the document. The Arbrtrator, in Villanova, PA, told me that the agreement was given personally to: XXXXX XXX Managing Director of American Airlines, to Attorney Robert S. Clayman of Wash. D.C., and To the attorney for AA, Mr. Thomas E. Reinert, also of Wash. D.C. Other executives may have the agreement and it may reside with the Union Officers, for whom it was written.
Are you a signatory to the agreement? have you asked each of them for a copy?
The arbitration was between two unions and the company. I was represented by the union which was in the process of surrendering the duty as our representative. The Merger of TWA with AA meant that the workers of TWA went from the Machinists Union to the Transport Workers Union. I am currently in the third week of waiting for a reply from the Machinists union headquarters, legal department. I asked the staff of
Mr. Christopher T Corson I.A.M. General Counsel 9000 Machinists Place Upper Marlboro, MD, 20772, for their assistance. They have no reason to deny the request, since they have not been our rep. for 10 yrs.
Consider having a lawyer make demand through the union rep. Second option is to pursue a civil lawsuit to get it disclosed. Threat of civil lawsuit naming these parties will likely get one of them to disclose.
The collectve bargaining agreement only permits the unions representatives to engage resolutions that are set out in the CBA or the union constitution and so I can only assume that you refer to the union officers at the top of their hierarchy. The civil lawsuit seems reasonable, and I am left with one clarification: If a union is a legal representative, can suit be brought against an individual officer for actions which are not within the language of the contract? (The Kasher Award was not a contract matter, and it preceeded the merging of the workers of the two companies.)
The union representative should pursue this information. If the union rep will not, you may need to pursue a claim against the union rep. For a contract claim, it has to be pursued by a party to the contract.
Party to the contract: I had my proxy as party, the Machinists Union Attorney, so am I a party to the contract? If not, I fall into the gap of being denied by the Transport union today telling me that they were not our representative at the time of the arbitration, and the Machinists union indicating that they are no longer my representative and cannot help. That is the gap that prompted me to write today. I am concluded.
You are only asking for access to the agreement. In that light and in virtue of the proxy and your membership, a court should give you access. Practically threat of a lawsuit should get this done on consent. Kindly rate the answer good or great service.
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