29 C.F.R. § 4221.9

Reconsideration of award

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(a) Motion for reconsideration and objections. A party may seek modification or reconsideration of the arbitrator's award by filing a written motion with the arbitrator and all opposing parties within 20 days after the award is rendered. Opposing parties may file objections to modification or reconsideration within 10 days after the motion is filed. The filing of a written motion for modification or reconsideration suspends the 30-day period under section 4221(b)(2) of ERISA for requesting court review of the award. The 30-day statutory period again begins to run when the arbitrator denies the motion pursuant to paragraph (c) of this section or renders a revised award.

(b) Grounds for modification or reconsideration. The arbitrator may grant a motion for modification or reconsideration of the award only if—

(1) There is a numerical error or a mistake in the description of any person, thing, or property referred to in the award; or

(2) The arbitrator has rendered an award upon a matter not submitted to the arbitrator and the matter affects the merits of the decision; or

(3) The award is imperfect in a matter of form not affecting the merits of the dispute.

(c) Decision of arbitrator. The arbitrator shall grant or deny the motion for modification or reconsideration, and may render an opinion to support his or her decision within 20 days after the motion is filed with the arbitrator, or within 30 days after the motion is filed if an objection is also filed.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1999–2022 · leading case: Central States, Southeast & Southwest Areas Pension Fund v. Paramount Liquor Co.

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Central States, Southeast & Southwest Areas Pension Fund v. Paramount Liquor Co. (1999) ilnd “On October 20, 1998, the Pension Fund, pursuant to 29 C.F.R. § 4221.9 , filed a motion to reconsider the arbitrator’s award.”

Penske Logistics LLC v. Freight Drivers and Helpers (2018) ca4 · cites it 2× “7 On October 16, 2015, Penske filed a motion with the Arbitrator for modification of the Award pursuant to 29 C.F.R. § 4221.9 (b)(3) to clarify the interest rate and amount of attorneys’ fees, and the Fund filed a motion in opposition.”

Trustees of the Iam National Pension Fund v. M & K Employee Solutions, LLC (2022) dcd · cites it 2× “8–9; see 29 C.F.R. § 4221.9 (a). Under this calculation method, M&K’s counterclaim, filed on September 10, would be one week late.”

Penske Logistics LLC v. Freight Drivers and Helpers (2020) ca4 “Thereafter, on October 16, 2015, Penske filed a motion with the Arbitrator for modification of the Original Award pursuant to 29 C.F.R. § 4221.9 (b)(3) to clarify the interest rate and amount of attorneys’ fees, and the Fund filed a motion in opposition.”

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