United States Fifth Circuit

In a labor dispute involving the purchaser of Shell Oil Company and its decision to use only subcontractors, as opposed to union members, for maintenance work contrary to Shell's past practice, a decision vacating an arbitrator's award in favor of the union is reversed where: 1) the arbitral award drew its essence from the collective bargaining agreement because the CBA did not unambiguously permit purchaser to subcontract; and 2) any delay in union's applying for a panel of arbitrators was properly found to have been caused by plaintiff's counsel.

Appellate Information

• Decided 03/06/2007
• Published 03/06/2007

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Ernest R. Malone, Jr., Stephen Lee Scott (argued), The Kullman Firm, New Orleans, LA, for Plaintiff-Counter Defendant-Appellee., Louis L. Robein, Jr. (argued), Karen Maria Torre, Robein, Urann & Lurye, Metairie, LA, for Defendant-Counter Claimant-Appellant.