Virginia federal judge orders Navy contractor to arbitrate with Murphy Anderson union client
A federal district judge in Norfolk, Virginia today ordered Professional Contract Services Inc. (PCSI) to arbitrate a discharge dispute with Public Service Employees Local Union 572, LIUNA. The judge’s order fully adopted the report and recommendation previously issued by a magistrate judge in the federal Eastern District of Virginia.
The Union sought to arbitrate the dispute under its collective bargaining agreement with PCSI, a Texas company and contractor at the U.S. Navy base in Norfolk. The magistrate judge rejected PCSI’s argument that the Union had waived its right to arbitration by filing related charges with the National Labor Relations Board (NLRB). The court held that PCSI’s defense of waiver was a question for the arbitrator, and alternatively that PCSI’s waiver defense was without merit.