ASARCO, LLC v. United Steel, Paper and Forestry, No. 16-16363 (9th Cir. 2018)Annotate this Case
The Ninth Circuit affirmed the district court's order affirming an arbitration award for the union. ASARCO argued that the award was invalid because the arbitrator reformed the Basic Labor Agreement (BLA) between the union and ASARCO in contravention of a no-add provision in that agreement. The district court affirmed the award, holding that ASARCO properly preserved its objection to the arbitrator's jurisdiction, but the arbitrator was authorized to reform the BLA, despite the no-add provision, based on a finding of mutual mistake. The panel affirmed, holding that the arbitrator was acting within his authority when he crafted a remedy to cure the parties' mutual mistake. Even if ASARCO did not waive its right to contest the arbitrator's jurisdiction, which it did, the panel deferred to the arbitrator's judgment.
The court issued a subsequent related opinion or order on December 4, 2018.