United States First Circuit

In proceedings arising from the termination of a UPS driver due to his failure to deliver 37 packages over two business days, wherein the dispute was submitted to arbitration pursuant to a controlling collective-bargaining agreement (CBA), an arbitration award in favor of UPS is upheld where, in finding the termination justified under the terms of the CBA: 1) the arbitrator did not act in manifest disregard of the law; 2) her opinion was supported in reason and fact; and 3) her decision was not based on faulty reasoning or a crucial assumption which was concededly a non-fact.

Appellate Information

• Decided 04/24/2008
• Published 04/24/2008

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA and HOWARD, Circuit Judges, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Manuel A. Rodríguez-Banchs, on brief for appellant.


• For Appellees:
  
• Juan J. Casillas-Ayala, with whom Diana M. Espinosa-Núñez and Fiddler González & Rodríguez, PSC, on brief for appellee.