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News

United States Court of Appeals for the Fourth Circuit affirms order to arbitrate dispute arising from the termination of a former employee

May 31, 2016

In a per curiam opinion, the United States Court of Appeals for the Fourth Circuit affirmed an order compelling DynCorp International, LLC to arbitrate a dispute arising from the termination of a former employee working on a project DynCorp had been hired by the federal government to complete. District Lodge 4, Int’l Ass’n of Machinists & Aerospace Workers v. DynCorp. Int’l LLC, 651 F. App’x 148 (4th Cir. 2016).

DynCorp sought to avoid arbitration by invoking a contractual provision—in its collective bargaining agreement with District Lodge 4 and Local Lodge 24 of the International Association of Machinists and Aerospace workers—that precludes any challenge to certain personnel actions undertaken at the government’s request. The United States District Court of the District of Maryland rejected DynCorp’s reading of that clause, concluding that it applies only to personnel actions undertaken at the government’s request on account of security concerns, which were not implicated in this case. Int’l Ass’n of Machinists & Aerospace Workers, Local Lodge 24 v. DynCorp. Int’l LLC, Civil No. JFM-14-3987, 2015 WL 9302377 (D. Md. Dec. 2, 2015). The Fourth Circuit affirmed. Bredhoff & Kaiser represented District Lodge 4 and Local Lodge 24 before both the District Court and the Fourth Circuit.