Communications Workers of America v. Southwestern Bell Telephone Co., No. 19-50686 (5th Cir. 2020)
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After a union representing employees of Southwestern Bell Telephone Company filed a grievance against the company, the arbitrator initially sided with the union and found that the company had violated the parties' collective bargaining agreement (CBA). The arbitrator later vacated his earlier decision and issued a modified decision. The district court upheld the arbitrator's actions.
The Fifth Circuit affirmed under the "extraordinarily narrow" standard of review that applies in its consideration of arbitration awards. The court held that the arbitrator grounded his modification within the rules that governed the parties' agreement. In this case, because the February award stemmed from a colorable interpretation of the parties' CBA, the arbitrator drew the "essence" of his decision from the parties' agreement and did not exceed his authority.
The court issued a subsequent related opinion or order on April 1, 2020.
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