WM Crittenden Operations, LLC v. United Food and Commercial Workers, No. 20-2538 (8th Cir. 2021)
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The Eighth Circuit affirmed an arbitration award that reinstated a member of the union to her former position after she was discharged by the company. The court concluded that the parties agreement authorized the arbitrator to determine whether there has been a violation of the parties' agreement within the allegations set forth in the grievance. In this case, the parties bargained for the arbitrator's interpretation of the agreement's just cause provision and the provision does not specify that the same just cause is sufficient to justify all types of adverse action.
The court also concluded that the arbitrator's award drew its essence from the parties' agreement. Finally, the court concluded that the record does not establish that the employee committed abuse as defined by the cited statutes, or that allowing her to return to work after a suspension violates public policy.
Court Description: [Colloton, Author, with Wollman and Kobes, Circuit Judges] Civil case - Arbitration. The arbitrator did not exceed his authority in determining that under the CBA plaintiff had just cause to discipline the employee but not to terminate her; the award reducing the discharge to a suspension drew its essence from the agreement; the record is insufficient to support a conclusion that the award reinstating the employee to her former position violated public policy against elder abuse.
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