· 12/29/1997
Alvey, Incorporated v. Teamsters Local Union No. 688
Citations
- 132 F.3d 1209
- 157 L.R.R.M. (BNA) 2018
- 1997 U.S. App. LEXIS 36317
- 1997 WL 790200
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that this court ordinarily cannot review “[a]n arbitrator’s decision allocating the burden of proof among the parties” without “specific controlling language in the collective bargaining agreement”
- rejecting review of an arbitrator’s determination of the legal framework for evaluation of a grievance “[u]nless there is specific controlling language in the collective bargaining agreement”
- refusing to recognize the arbitrariness and capriciousness of an arbi-tral award as a ground for vacation
- “arbitrary and capricious” is a standard that “governs appeals under the [APA], not the [FAA]”
- the term “possession” in CBA prohibiting possession of narcotics at work was ambiguous, and arbitration decision limiting it to “knowing possession” drew its essence from the agreement
- where arbitrator found employee had not “knowingly” possessed drags at work in violation of CBA, that employee’s reinstatement “did no clear violence” to public policy against workplace drug use
Source: CourtListener parenthetical corpus (CC0).
Judges: Beam, Henley, Loken
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.