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Where an arbitrator awarded a terminated employee reinstatement, concluding that a single incident of insubordination did not provide just cause for discharge, and the district court vacated the award finding that the arbitrator exceed his authority by modifying the penalty in the parties’ collective bargaining agreement, the arbitrator did not ignore the plain language of the agreement when he reduced the penalty from discharge to suspension, and the parties requested that the arbitrator decided whether the employee was fired for just cause, so the employer cannot now complain that the arbitrator performed that very analysis, so the judgment of the district court is reversed and remanded for reinstatement of the award.
Judgment is reversed.
PSC Custom, LP v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (MLW No. 66826/Case No. 13-2405 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, Western District of Missouri, Whipple, J. (Amanda Marie Fisher, Pittsburgh, argued for appellant; Daniel M. Kovalik appeared on the brief) (Rick Eugene Temple, Springfield, argued for appellee).
Read the full text of this opinion. (PDF)
