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Appeals court hears whether BRAVE Act military-leave disputes belong in arbitration or court
Summary
The appeals court considered whether disputes over BRAVE Act military-leave calculations belong in arbitration under a collective bargaining agreement or in court.
The appeals court heard argument in Daniel Berg and IFF Local S 29 v. Commonwealth over whether military-leave benefits under the BRAVE Act must be arbitrated under a collective bargaining agreement or litigated in court.
Appellants' counsel James Eichel told the panel the CBA at issue expressly set the numeric leave calculations derived from earlier law and thus created a conflict with the BRAVE Act's amended entitlements. Eichel said unions repeatedly…
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