Under the Spielberg-Olin deferral to existing arbitration awards ...

[ereecah]

Under the Spielberg-Olin deferral to existing arbitration awards policy, was the ALJ obligated to defer to the arbitrator's decision that Bedell had assaulted his supervisor and was discharged for just cause?

Question 2

On Monday night, Louise is talking on her cell phone with Bill. I'm desperate for a manager in my store, says Louise. I'll pay you 45,000 per year, if you can start tomorrow morning. What do you say? It's a deal, says Bill. I can start tomorrow at 8 a.m. I'll take 45,000 and I also want 10 percent of any profits you make above last year's.. Just then Bill loses his cell phone signal. The next morning he shows up at the store, but Louise refuses to hire him. Bill sues. Bill will
 a. Win, because there was a valid offer and acceptance.
  b. Win, based on promissory estoppel.
  c. Lose, because he rejected the offer.
  d. Lose, because the agreement was not put in writing.
  e. Lose, because Louise revoked the offer.

[Rilsmarie951]

Answer to Question 1

No. The second Olin standard that the arbitrator must have been presented generally with the facts relevant to resolving the unfair labor practice issue was not met in this case. The arbitrator never heard much of the evidence of Dore's harassment of Bedell in retaliation for assisting DeGrosa, and the arbitrator was apparently unaware that Bedell had complained about harassment in his EEOC claim shortly before he was fired.

Answer to Question 2

.C