Midwest Division - LSH, LLC v. Nurses United For Improved Patient Care, No. 12-2229 (8th Cir. 2013)
Annotate this CaseThe Union filed a grievance on behalf of a nurse terminated by the Hospital, alleging that the Hospital lacked "just cause" to terminate. The court concluded that the arbitrator did not exceed his authority by awarding reinstatement and back-pay; the manner in which the collective bargaining agreement (CBA) expired had no effect on the arbitrator's authority; the circumstances of the Union's decertification and the CBA's expiration were known to, and expressly considered by the arbitrator in making his award; and there was no basis to conclude that the arbitrator's exercise of his remedial authority failed to "draw its essence" from the CBA. Accordingly, the court affirmed the district court's grant of summary judgment confirming the arbitration award.
Court Description: Civil case - Labor law. Arbitrator's order finding employer lacked just cause to terminate the nurse in question and directing reinstatement with backpay is affirmed as the decision was within the arbitrator's authority and there is no basis to conclude the arbitrator's exercise of his remedial authority failed to draw its essence from the Collective Bargaining Agreement; NLRB decertification of the union did not nullify the pending grievance and arbitration proceedings
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