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United States Fifth Circuit


TEAMSTERS LOCAL NO. 5 v. FORMOSA PLASTICS CORP., 03-30572

The district court erred in vacating the arbitrator's decision on the ground that the timeliness of the instant grievance should be evaluated from the time when the alleged Collective Bargaining Agreement violation was discovered, rather than from the time of the alleged violation. The arbitrator did not depart so radically from the terms of the Agreement as to warrant vacatur.

Appellate Information

  • Decided 03/11/2004
  • Published 03/11/2004

Judges

  • DeMOSS, Circuit Judge:, Before JOLLY, HIGGINBOTHAM and DeMOSS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • Randall Gordon Wells (argued), Baton Rouge, LA, for Plaintiff-Appellee., William R. D'Armond (argued), Arthur Edward Hardin, Jr., Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, LA, for Defendant-Appellant.
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