United States Sixth Circuit

A decision vacating an arbitration award in a union's favor is reversed where: 1) the arbitrator was "acting within the scope of his authority" in resolving the dispute; 2) the company had not charged the arbitrator with fraud or dishonesty in making the award; 3) the arbitrator was arguably construing the contract when he awarded union employees a 4% cost-of-living increase for 2003; and 4) the company showed, at most, that the arbitrator made an error, perhaps even a "serious error," in interpreting the contract.

Appellate Information

• Decided 01/26/2007
• Published 01/26/2007

Judges

• Before BOGGS, Chief Judge;  MARTIN, BATCHELDER, DAUGHTREY, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mary Ellen Gurewitz, Sachs Waldman, Detroit, Michigan, for Appellant.  Timothy J. Ryan, Ryan & Lykins, Grand Rapids, Michigan, for Appellee.  James B. Coppess, AFL-CIO Legal Department, Washington, D.C., for Amici Curiae.   ON BRIEF:  Mary Ellen Gurewitz, Sachs Waldman, Detroit, Michigan, Howard F. Gordon, Michigan Public Employees, Service Employees International Union Local 517M, Lansing, Michigan, for Appellant.  Timothy J. Ryan, Ryan & Lykins, Grand Rapids, Michigan, for Appellee.  James B. Coppess, AFL-CIO Legal Department, Washington, D.C., Terry A. Bethel, National Academy of Arbitrators, Indiana University School of Law, Bloomington, Indiana, for Amici Curiae.