In UNITE HERE Local 26 v. South Bay Boston Management, Inc., 587 F.3d 35 (2009), the First Circuit Court of Appeals held, as a matter of first impression in the federal appellate courts, that first contract interest arbitration clauses in a card-check neutrality agreements are enforceable. The Court also rejected the employer’s federal preemption claim as time-barred and compelled the employer to submit to interest arbitration even though the card-check agreement had expired. Davis Cowell & Bowe represented UNITE HERE Local 26 in the litigation.
