United States First Circuit

In an employer-union dispute wherein the district court upheld an arbitral award in favor of the union but denied the union's request for attorney fees, judgment is affirmed where: 1) the case failed to meet the exceedingly high threshold for judicial interference with arbitral awards; 2) the arbitral award drew "its essence from the collective bargaining agreement"; and 3) the district court did not abuse its discretion in concluding that the employer's federal claim was sufficiently justified to avoid a payment of attorney's fees.

Appellate Information

• Decided 05/15/2008
• Published 05/15/2008

Judges

• MERRITT, Senior Circuit Judge., Before LYNCH, Circuit Judge, MERRITT, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert L. Kilroy with whom Corey F. Higgins, and Mirick, O'Connell, DeMallie & Lougee, LLP, were on brief, for appellant.


• For Appellees:
  
• Warren H. Pyle, with whom Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C., was on brief, for appellee.