An arbitrator could not order the reinstatement of a community college campus police officer who neither completed the statutorily required police academy training nor received a waiver from having to do so, the Rhode Island Supreme Court has decided.<br />The officer's union argued that the requirement that he complete the academy or receive a waiver therefrom did not excuse the college from its duty under a collective bargaining agreement to give him the pre-termination due process to which he was entitled.<br />"Our de novo review of the issue of arbitrability in this case leads us to declare that the arbitrator exceeded his powers by arbitrating a dispute that was nonarbitrable
from the start," Justice Francis X.
When considering a motion to stay proceedings and compel arbitration under the FAA, a court has four tasks: (1) it must determine whether the parties agreed to arbitrate; (2) it must determine the scope of the arbitration agreement; (3) if federal statutory claims are asserted, it must consider whether Congress intended those claims to be nonarbitrable
; and (4) if the court concludes that some, but not all, of the claims in the action are subject to arbitration, it must determine whether to stay the remainder of the proceedings pending arbitration.
This conclusion is based on the fact that legal issues that are subject to arbitration in one context cannot be said to be inherently nonarbitrable
The Supreme Court stated that the issue was whether the Florida courts could refuse to compel arbitration on four claims based solely on a finding that two of them were nonarbitrable
. See id.
Often the issue arises as a constitutional matter, with claims having been made that arbitrating certain matters deemed to be nonarbitrable
violates the fundamental right to due process reflected in Article 28 of the Colombian Constitution.
1st Dep't 1985) (affirming denial of motion to compel arbitration of discrimination claim because such claims are "nonarbitrable
," but compelling arbitration of injury to business reputation claim); In re Fallon, 118 A.D.2d 936, 938, 499 N.Y.S.2d 503, 505 (App.
Indeed, most of the reasons given in Wilko have been rejected subsequently by the Court as a basis for holding claims to be nonarbitrable
(17) A second way of stating this idea is to notice that Florida courts teach that contracts providing for arbitration are to be carefully construed so as not to force a nonarbitrable
issue into arbitration.
to make claims nonarbitrable
. (61) Moreover, while it is true that,
Southland's creative attribution of policy rationales to the FAA might have been supportable if the issue were simply deciding the extent of the FAA's application in a close case for example, whether trial of nonarbitrable
issues should be stayed until intertwined arbitrable issues are resolved in arbitration.
Having failed to do so, the rule must be assumed reasonable and his grievance nonarbitrable