[DOWNLOAD] "City of Muskogee v. Martin" by Supreme Court of the State of Oklahoma ~ Book PDF Kindle ePub Free

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eBook details

• Title: City of Muskogee v. Martin
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 17, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

1 Four issues are presented for our determination: [1] Whether the district court was the proper authority to interpret the provisions of a collective bargaining agreement when the parties had contractually agreed to submit to arbitration all disputes concerning the contracts interpretation or a term or condition of employment. [2] Whether the district court was the proper authority to declare what grievance procedure was due a demoted police officer whose employment was covered by the agreement. [3] Whether the district court gave its declaratory judgment in the absence of a justiciable controversy and without possessing subject matter jurisdiction of the claim? and [4] Whether the district court deprived police officer Haworth of due process by granting the declaratory judgment without hearing any evidence the day the court issued its order? We answer the first two questions in the affirmative only insofar as we hold that the district court had the authority to determine if the dispute was arbitrable. Under the terms of the collective bargaining agreement, it was within the authority of the arbitration panel, not the district court, to resolve all disputes concerning the meaning and interpretation of that agreement. We answer the third and fourth questions in the negative.

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