CoreCivic of Tennessee v. International Union, Security, Police and Fire Professionals of America, No. 2:2021cv00410 - Document 22 (D. Ariz. 2022)

Court Description: ORDER granting in part and denying in part 9 Respondents' Motion to Dismiss Petitioner's Petition and Motion to Vacate Arbitrator's Award under Fed. R. Civ. P. 12(b)(6). FURTHER ORDERED that the Petition's claims that the ar bitrator acted beyond the scope of the issues presented and that the arbitration award violate public policy are dismissed with prejudice. FURTHER ORDERED that the Petition's claims that the award did not draw its essence from the CBA shall remain. Signed by Judge Michael T Liburdi on 2/9/22. (SJF)

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Dockets.Justia.com WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ORDER Id. CoreCivic of Tennessee v. International Union, Security, Police and Fire Professionals of America I. FACTUAL BACKGROUND A. Ramirez’s Relevant Work History Doc. 22 See Id. Id. Id. Id. Id. Id. Id. Id. See see id. Id. Id. Id. Id. Id. Id. B. Id. CoreCivic’s Internal Investigation Id. Id. Id. Id. Id. Id. see id. see also both C. The Arbitration Hearing and Award Id. Id. Id. Id. Id. Id. Id. In all other matters of Employer discipline, the arbitrator shall determine the circumstances upon which the discipline was based and if the circumstances were substantially as found by the Employer, the discipline will not be disturbed absent an express finding of unreasonableness. Id. See See id. See id. Id. see id. Id. Id. Id. See id. Id. See id. See id. Id. Id. Id. Id. Id. Id. Id. D. II. CoreCivic’s Petition to This Court STANDARD OF REVIEW A. Motion to Dismiss Bell Atl. Corp. v. Twombly Conley v. Gibson Ashcroft v. Iqbal Twombly Balistreri v. Pacifica Police Dep’t Williamson v. Gen. Dynamics Corp. North Star Int’l v. Arizona Corp. Comm’n See Lee v. City of Los Angeles North Star Int’l B. Vacating an Arbitration Award Loc. Joint Exec. Bd. v. Mirage Casino-Hotel, Inc. First Options of Chicago, Inc. v. Kaplan et seq. See, e.g. Sprewell v. Golden State Warriors United Steelworkers of Am. v. Enter. Wheel & Car Corp. United Food & Commercial Workers Int’l Union, Local 588 v. Foster Poultry Farms, as amended Sheet Metal Workers’ Int’l Ass’n Loc. Union No. 359 v. Madison Indus., Inc. Aramark Facility Servs. v. Serv. Emps. Int’l Union, Local 1877 United Paperworkers’ Int’l Union v. Misco, Inc. see also San Francisco–Oakland Newspaper Guild v. Tribune Pub. Co., Federated Dep’t Stores v. United Foods & Com. Workers Union, Loc. 1442 Enter. Wheel Hawaii Teamsters & Allied Workers Union, Local 996 v. United Parcel Serv. Stead Motors of Walnut Creek v. Auto. Machinists Lodge No. 1173 Sprewell III. DISCUSSION A. Waiver to Argue for a No-Discretion Standard Id. See See id. See id. Boehringer Ingelheim Vetmedica, Inc. v. Food and Commercial Workers Dist. Local 2 Nat’l Wrecking Co. v. Int’l Bhd. of Teamsters, Local 731 Graves v. Arpaio See B. Scope of the Issues Submitted Pack Concrete, Inc. v. Cunningham Schoenduve Corp. v. Lucent Techs., Inc. See See See id. See id Id. See See, e.g. C. Essence of the CBA Enter. Wheel SFIC Properties, Inc. v. Int’l Ass’n of Machinists & Aerospace Workers, Dist. Lodge 94, Loc. Lodge 311 Sprewell Stead Motors of Walnut Creek Sheet Metal Workers’ Int’l Ass’n Loc. Union No. 359 Id. see id. See id. Id. See id. See id. See id. See id. Id. See id. Id. Id. Id. Id. Id. Id. Id. Id. see id. Id. Id. See id. See id. Id. not Id. et seq. D. Public Policy Sprewell UFCW Local 588 Matthews v. Nat’l Football League Mgmt. Council E. Associated Coal Corp. v. United Mine Workers of Am., Dist. 17 See S. Cal. Gas Co. v. Util. Workers Union, Local 132 UFCW Local 588 UFCW Local 588 Id. See Id. Id. Id. Id. See id. See id. UFCW Local 588 S. Cal. Gas Co. Sprewell See, e.g. id. Sprewell IV. CONCLUSION IT IS ORDERED granting in part IT IS FURTHER ORDERED IT IS FURTHER ORDERED denying in part

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