S. Ct. Civ. No. 2015-0060

Considering an appeal filed by the Department of Human Services ("DHS") regarding the Superior Court's May 20, 2015 opinion denying its request to vacate an arbitrator's award dated February 25, 2007 directing that Marie Danielson, a DHS employee whose interests are represented by the United Industrial, Service, Transportation, Professional and Government Workers of North America-Seafarers International Union of North America, Atlantic, Gulf, Lakes and Inland Waters (the "Union"), receive $101,775.96 in back pay, because section 10 of the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq. does not apply to this proceeding, and the Union has otherwise failed to meet its burden of establishing that the DHS's complaint is time-barred under any other statute of limitations, it is concluded that the matter was properly before the Superior Court. As to the merits, even if the highly deferential standard of review provided for by the FAA were applied rather than a de novo standard of review-an issue not reached in this case-the arbitrator in this case did not attempt to apply the collective bargaining agreement negotiated by the parties, despite the limitations on his authority and the instructions expressly included in section 7 thereof, but instead imposed his own brand of "industrial justice" in express contravention of the agreement's terms. Accordingly, the May 20, 2015 opinion is reversed, and the Superior Court is directed on remand to vacate the arbitrator's February 25, 2007 decision.