Entergy Operations v. United Government Security Officers, No. 16-1219 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's decision to uphold an arbitration award reinstating an employee to his job as a security officer at Entergy's nuclear power plant. The employee has chronic folliculitis, and Entergy thought this would keep him from shaving often enough to properly wear a full-face gas mask in the event of a chemical attack. The arbitrator ordered reinstatement because Entergy never fit-tested the employee with facial hair before concluding that it disqualified him from the position. The Eighth Circuit held that the arbitrator's order requiring that the employee be reinstated with backpay and subject to an acceptable respirator or a reasonable accommodation was not against public policy nor exceeded the arbitrator's authority. In this case, the arbitrator did not stray outside his authority to interpret and apply the contract, and the award was within the range of possibilities Entergy bargained for.
Court Description: Chief Judge Smith, Author, with Wollman and Benton, Circuit Judges] Labor - arbitration. District court's decision to uphold the arbitration award which ordered Entergy to reinstate employee whose medical condition prevented him from wearing a full-face gas mask without shaving his facial hair is affirmed. Arbitrator's decision ordering Entergy to provide an acceptable respirator or reasonable accommodation does not violate public policy and did not exceed the arbitrator's authority. Arbitrator found there were positions that did not require a mask and placing employee in those positions would not violate federal law. The arbitrator did not stray outside his authority to interpret and apply the contract.
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