United States Tenth Circuit

When a collective bargaining agreement includes a "just cause" termination provision and does not explicitly provide that an enumerated offense is such cause, the "profound deference" owed to an arbitrator's decision, coupled with the fact that the parties have bargained for the arbitrator, not the courts, to decide their dispute, compels affirmance of an arbitrator's interpretation requiring both the enumerated offense and circumstances amounting to just cause in order to justify termination.

Appellate Information

• Decided 08/30/2006
• Published 08/30/2006

Judges

• EBEL, Circuit Judge., Before O'BRIEN, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jennifer M. Miller (Benjamin N. Thompson, with her on the briefs), Wyrick Robbins Yates & Ponton LLP, Raleigh, NC, for Plaintiff-Appellant.


• For Appellees:
  
• Terrence A. Johnson, Colorado Springs, CO, for Defendant-Appellee.