United States Third Circuit

The district court erred in granting summary judgment to plaintiff-company and vacating an arbitrator's award that sustained defendant-union's three grievances and ordered the plaintiff-company to pay an employee back wages for missed overtime, where: 1) the CBA was not so free of ambiguity regarding plaintiff-company's exclusive right to schedule its workforce such that the arbitrator's inquiry into past practice and introduction of extrinsic evidence were not permissible; 2) the arbitrator's interpretation draws its essence from the CBA, and the arbitrator did not manifestly disregard the CBA; and thus, 3) an order is issued to enforce the arbitrator's award.

Appellate Information

• Decided 04/04/2013
• Published 04/04/2013

Judges

• ALDISERT

Court

• United States Third Circuit

Counsel