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Fulton Cnty. v. Lord

The trial court erred in requiring that the terms of an arbitration agreement be achieved as of the date of the confirmation order, as this was not in conformity with the arbitrator's award.

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In 2006, Georgia Lord and twenty two other Judicial Staff Attorneys “law clerks” employed by the Superior and State Courts of Fulton County filed a grievance against Fulton County, pursuant to the County’s civil-service policies, claiming that they were unfairly paid less than the staff attorneys employed by the County Attorney’s office “CASAs”, despite performing similar work. Ultimately, the grievance was submitted to arbitration, also pursuant to the County’s policies, in which the law clerks prevailed and were awarded injunctive relief and back pay. A superior court confirmed the award, and the County now appeals.

In Case No. A13A0694, the County contends that the superior court erred in confirming the arbitration award, arguing that the award of back pay was barred by the doctrine of sovereign immunity. The County further contends that the court erred in denying the County’s request for relief from a stipulation as to damages. In Case No. A13A0695, the law clerks cross-appeal, arguing that the court erred in stating that the County had to achieve pay parity between the law clerks and the CASAs as of the date of the court’s confirmation order instead of the date of the arbitration award. And in Case No. A13A1605, the County contends that the trial court erred in granting the law clerks’ motion for sanctions under OCGA § 9-15-14.

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