United States Ninth Circuit

A decision granting summary judgment to defendant-union and upholding an arbitral award prohibiting plaintiff-hospital from unilaterally implementing a mandatory flu immunization regime as a "fitness for duty" requirement for all nurses and other employees is affirmed over claims that: 1) the arbitrator exceeded his authority by failing to apply relevant provisions of the parties' CBA and by imposing a duty, which is not part of the CBA's text, to bargain collectively over all terms and conditions of employment; 2) the arbitral award should be set aside as contrary to public policy; and 3) attorney's fees should have been awarded to the union.

Appellate Information

• Argued 11/06/2007
• Decided 12/21/2007
• Published 12/21/2007

Judges

• GOULD, Circuit Judge:, Before:  WILLIAM C. CANBY, SUSAN P. GRABER, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Barbara Allan Shickich and Charlick S. Fitzpatrick, Ridell Williams, P.S., Seattle, WA;  Mary Sooter, Faegre & Benson, LLP, Boulder, CO;  and Alice L. Bodley, American Nurses Association, Silver Spring, MD, for the amici curiae.


• For Appellees:
  
• Howard N. Goodfriend and Devin T. Theriot-Orr, Edwards, Sieh, Smith & Goodfriend, P.S., Seattle, WA, for the appellant/cross-appellee., Lawrence Schwerin, Schwerin Campbell Barnard LLP, Seattle, WA, for the appellee/cross-appellant.