United States Seventh Circuit

In an appeal of judgement upholding an arbitrator's decision in favor of the union concerning the commission rate plaintiff paid its union drivers pursuant to the terms of a CBA, the arbitrator's award was vacated where it relied substantially on unwritten understandings and lengthy course of conduct that preceded the CBA, and resort to such pre-signing conduct was forbidden under the express terms of the contract.

Appellate Information

• Argued 06/07/2001
• Decided 02/15/2002
• Published 02/15/2002

Judges

• COFFEY, Circuit Judge., Before COFFEY, EASTERBROOK and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Joseph James Torres (Argued), Winston & Strawn, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Marvin Gittler, Margaret A. Angelucci (Argued), Asher, Gittler, Greenfield, & D'Alba, Chicago, IL, for Defendant-Appellee.