O'Fallon v. Teamsters Union Local No. 682, No. 11-1436 (8th Cir. 2012)
Annotate this CasePlaintiff, producer of ready-mix concrete, commenced this action to vacate an arbitrator's order to provide plaintiff's employee with a second Functional Capacity Evaluation (FCE) under the company's return-to-work policy and to assign the employee work as a ready-mix truck driver, restoring his seniority if he passed the FCE. The district court granted summary judgment for the union and enforced the award. The court held that the district court properly rejected plaintiff's petition to vacate the award where the arbitrator's decision drew its essence from the collective bargaining agreement's management rights provision as construed by the parties. The court also held that plaintiff's contention that the award was contrary to federal law was without merit.
Court Description: Civil case - Employment. Arbitrator's decision drew its essence from the Collective Bargaining Agreement's management rights provision as construed by the parties, and the district court properly rejected plaintiff's petition to vacate the award.
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