William Moore v. Utility Metering Solutions

CourtDistrict Court, E.D. Michigan
DecidedMarch 17, 2026
Docket2:21-cv-11063
StatusUnknown

This text of William Moore v. Utility Metering Solutions (William Moore v. Utility Metering Solutions) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
William Moore v. Utility Metering Solutions, (E.D. Mich. 2026).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WILLIAM MOORE, 2:21-cv-11063-TGB-APP Plaintiff, HON. TERRENCE G. BERG v. ORDER DENYING PLAINTIFF’S MOTION TO UTILITY METERING VACATE ARBITRATION SOLUTIONS, AWARD (ECF NOS. 7 & 8) Defendant. In this case, Plaintiff William Moore is challenging the decision of the Arbitrator to dismiss his claims against his former employer, Defendant Utility Metering Solutions (“UMS”). Moore had brought suit against UMS for Harassment & Discrimination on the Basis of Race in Violation of Title VII and the Michigan Elliott-Larsen Civil Rights Act (“ELCRA”), Retaliation in Violation of Title VII and ELCRA, and Wrongful Discharge in Violation of Michigan Public Policy. ECF No. 1. The parties stipulated to final and binding arbitration which occurred over a three-day trial in front of the Honorable James J. Rashid. During the trial, the only remaining claims were (1) wrongful termination based on his race under Title VII and ELCRA and (2) wage and hour claims under the Fair Labor Standards Act (“FLSA”) and the

Michigan Improved Workforce Opportunity Wage Act (“IWOWA”). Judge Rashid eventually dismissed these claims as well. ECF No. 8-1, PageID.56. Plaintiff now moves to vacate the arbitration award regarding his Title VII and FLSA claims, but not ELCRA or IWOWA claims. ECF Nos. 7 & 8. For the following reasons, Plaintiff’s Motion to Vacate the Arbitration Award (ECF Nos. 7 & 8) will be DENIED. I. BACKGROUND Defendant Utility Metering Solutions (“UMS”) offers a wide range of services to municipalities, including but not limited to water meter

installation. Compl., ECF No. 1, PageID.1, ¶ 2. UMS employed Plaintiff William Moore (“Moore”) as a water meter installer from January 2018 until March 2020. Id. at ¶¶ 6, 21. On May 7, 2021, Moore filed this lawsuit alleging that he was discriminated against, retaliated against, and wrongfully discharged in violation of state and federal law. Id. at PageID.5-11. On August 18, 2021, the parties stipulated to final and binding arbitration. ECF No. 6; Exhibit B, ECF No. 9-3, PageID.1352, ¶ 1 (“[A]ll legal disputes and claims

between them shall be determined exclusively by final and binding arbitration before a single, neutral arbitrator as described in this Agreement. . . The only legal disputes and claims excluded from this Agreement are . . . (c) actions to enforce this Agreement, compel arbitration, or enforce or vacate an arbitrator’s award[.]”). A three-day arbitration hearing took place before the Honorable James J. Rashid between June 26 and July 1, 2024 (Exhibits B, C, D), the parties submitted post-hearing briefs in September 2024, and the Arbitrator issued a written opinion on March 2, 2025 (Exhibit A). ECF No. 8-1, PageID.50. The issues for the arbitrator were different from those in the original complaint: the remaining issues were (1) whether Moore was terminated because of his race, as an African-American man, in violation of Title VII and ELCRA, and (2) whether he was improperly paid in violation of the FLSA and IWOWA. ECF No. 1. Specifically, Plaintiff

complained that UMS treated his absenteeism on February 28, 2020 differently from his white peers’ absenteeism. As further explained below, UMS alleges Plaintiff was terminated after he failed to report to work on March 3, 2020 although Plaintiff asserts he reported to work that day. Plaintiff also complained that UMS failed to pay his wages in violation of FLSA and the Michigan IWOWA. On March 2, 2025, the arbitrator found in favor of UMS, holding that Moore “failed to present evidence to establish that UMS violated the

FLSA” or that “UMS violated the IWOWA,” ECF No. 8-1, PageID.52-54, and “failed to establish that race was a factor in the decision to terminate his employment,” such that Plaintiff’s claims under Title VII and ELCRA were dismissed with prejudice. Id. at PageID.56. On June 2, 2025, Moore filed the instant Motion to Vacate the Arbitration Award. ECF No. 8. He claims that (1) the arbitrator failed to shift the burden onto UMS based on alleged evidence of improper recordkeeping for his FLSA claim, (2) the arbitrator improperly found that Moore was absent on March 3, 2020, and (3) the arbitrator failed to shift the burden onto UMS after Moore allegedly established a prima facie case of discrimination under Title VII. Id. Moore does not challenge the arbitrator’s decision under IWOWA and ELCRA. II. LEGAL STANDARD “The Federal Arbitration Act . . . expresses a presumption that arbitration awards will be confirmed.” Nationwide Mut. Ins. Co. v. Home

Ins. Co., 429 F.3d 640, 643 (6th Cir. 2005) (citing 9 U.S.C. § 9). Thus, “[w]hen courts are called on to review an arbitrator’s decision, the review is very narrow; one of the narrowest standards of judicial review in all of American jurisprudence.” Id. (citations omitted). In fact, “[u]nder this deferential standard of review, courts are not permitted to consider the merits of an arbitration award even if the parties allege that the award rests on errors of fact or misinterpretation of the contract.” Shelby Cnty. Health Care Corp. v. Am. Fed’n of State, Cnty. & Mun. Emps., Loc. 1733,

967 F.2d 1091, 1094 (6th Cir. 1992); United Paperworkers Int’l Union v. Misco, Inc., 484 U.S. 29, 37 (1987) (“Courts thus do not sit to hear claims of factual or legal error by an arbitrator as an appellate court does in reviewing decisions of lower courts.”). The FAA and Sixth Circuit precedent identifies only four situations in which a court may vacate an arbitration award: (1) where the award was procured by fraud, (2) where the arbitrator was evidently partial or corrupt, (3) where the arbitrator misbehaved so that a party’s rights were prejudiced, or (4) where the arbitrator exceeded his powers or executed them so that a final, definite award was not made. Dawahare v. Spencer, 210 F.3d 666, 669 (6th Cir. 2000) (citing 9 U.S.C. § 10(a)); Hall St. Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576, 584 (2008) (“We now hold that §§ 10 and 11 respectively provide the FAA’s exclusive grounds for expedited vacatur and modification.”). In addition, a reviewing court may vacate an award where the arbitrators have manifestly disregarded the law.

Dawahare, 210 F.3d at 669; see also In re Romanzi, 31 F.4th 367, 375 (6th Cir. 2022) (noting that the “manifest disregard of the law” test is “part and parcel of the statutory prohibition against the arbitrators’ ‘exceed[ing] their powers,’ because ‘arbitrators do not exceed their authority unless they display a manifest disregard of the law’”) (citations omitted). Given the strong federal policy in favor of enforcing arbitration agreements, see Moses H. Cone Memorial Hospital v. Mercury

Construction Corp., 460 U.S. 1, 24 (1983), the burden of proving that the arbitrators exceeded their powers is very great. Federated Dep’t Stores, Inc. v. J.V.B. Indus., Inc., 894 F.2d 862, 866 (6th Cir. 1990); see also Oxford Health Plans LLC v. Sutter, 569 U.S.

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William Moore v. Utility Metering Solutions, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-moore-v-utility-metering-solutions-mied-2026.