Forced Arbitration? Depends on the Meaning of the Word ‘May’

A court decision that could have big implications for how unionized businesses and their workers resolve legal disputes is likely going to come down to competing definitions of the word “may.”

Lawyers for home health aide Tatyana Abdullayeva told a federal appeals court in Manhattan Feb. 19 that she’s not required to arbitrate wage and hour claims against Attending Homecare Services LLC. A collective bargaining agreement between Abdullayeva’s union and the company says workers “may” take their cases to arbitration in the event the union chooses not to file a grievance, Burkett Mclnturff told the U.S. Court of Appeals for ...