ASARCO, LLC v. United Steel, Paper and Forestry, No. 16-16363 (9th Cir. 2018)
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The Ninth Circuit withdrew its prior opinion and filed the following opinion.
The panel affirmed the district court's order affirming an arbitration award for the union. The panel held that the arbitrator was acting within his authority when he crafted a remedy to cure the parties' mutual mistake. In this case, the arbitration award drew its essence from the collective bargaining agreement and the arbitrator's award did not violate public policy.
Court Description: Labor Law The panel filed (1) an order withdrawing its opinion and dissenting opinion and denying as moot a petition for rehearing en banc, and (2) a new opinion and new dissenting opinion. In its new opinion, the panel affirmed the district court’s order affirming an arbitration award in favor of a union, which sought relief concerning a bonus provision in the parties’ collective bargaining agreement. The employer asserted that the arbitrator reformed the collective bargaining agreement in contravention of a no-add provision in the agreement. The district court held that the arbitrator was authorized to reform the agreement, despite the no-add provision, based on a finding of mutual mistake.
This opinion or order relates to an opinion or order originally issued on June 19, 2018.
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