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Virginia Arbitration Award May be Vacated

Wednesday, September, 21, 2011

A matter in Virginia arbitration has now moved into the courts.  The International Longshoremen's Association and Ron Rascoe have requested that a Virginia court vacate an arbitration award issued on March 2nd.  The case involves Rascoe's removal as shop steward, a position usually considered to last a lifetime.  Instead, Rascoe was fired.


Defendants in the case, should it be granted a trial, include APM, the Hampton Roads Shipping Association, and Virginia International Terminals Inc.  The position of shop steward is unique in APM Terminals, which serves the port in question in Virginia.  It is the only job both negotiated and guaranteed.  There is one shop steward at Norfolk International Terminal and another at the Portsmouth Marine Terminal.


"I have never seen a shop steward removed like this in my entire life," commented Charles S. Montagna, representing both Rascoe and his union.  Montagna has more than 40 years of experience working with local labor unions.  "In labor law, the shop steward is the last one to lose his job."


Virginia Arbitration Award May be Vacated


It remains to be seen whether courts in Virginia will vacate the employment arbitration award.  It has been reported that the lawsuit filed this month is requesting an injunction that would allow Rascoe to resume his position as shop steward.  The suit also seeks back pay for Rascoe and for any seniority he has lost to be restored.