United States First Circuit

Summary judgment for plaintiff-union in a dispute over the terms of an arbitration decision involving an employee's back wages for an unjustified suspension is affirmed where, despite defendant's procedural forfeiture of its challenge to an adverse clarification of the decision, the challenge was not frivolous and did not justify the award of attorney's fees to the union.

Appellate Information

• Decided 09/28/2006
• Published 09/28/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Alfred Gordon with whom Harold L. Lichten and Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C. were on brief for plaintiff, appellant/cross-appellee., James W. Bucking with whom Alicia Alonso Matos and Foley Hoag LLP were on brief for defendant, appellee/cross-appellant.