Where a security officer who was terminated because his employer thought he could not satisfy a job requirement to wear a gas mask received an arbitration award, the award reinstating the officer is affirmed because the arbitrator arguably applied the collective bargaining agreement, and the employer could have reassigned the officer to a position that did not require the mask.
Judgment is affirmed.
Entergy Operations, Inc. v. United Government Security Officers of American International Union (MLW No. 70524/Case No. 16-1219 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Volpe, J. (Benjamin Hayden Banta, New Orleans, argued for appellant) (Robert B. Kapitan, E. Wareham, Massachusetts, argued for appellee).