· 5/22/1991
Automobile Mechanics Local 701, International Association of MacHinists & Aerospace Workers, Afl-Cio v. Joe Mitchell Buick, Incorporated
Citations
- 930 F.2d 576
- 1991 WL 63465
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- contributions were owed to pension fund for the full duration of the employees unlawful discharge period
- “It is settled that arbitrators have discretion to decide whether lost earnings should be offset by interim earnings or a failure to mitigate”
- where employer did not raise the issue of interim earnings to the arbitrator, it “may not now contend that interim earnings should have been deducted from the award”
- cross motions for sanctions denied because arguments made were not “devoid of arguable merit”
- “It is settled that arbitrators have discretion to decide whether lost earnings should be offset by interim earnings or a failure to mitigate, so that their silence on such issues means that no such offsets are to be made.”
- “It is settled that arbitrators have discretion to decide whether lost earnings should be offset by 5 This is a common construction of sustaining awards. See, e.g., Smart Transp. Div. v. Ne. Ill. Reg’l Commuter R.R. Corp., 2015 WL 1593082, at (N.D. Ill. Apr. 6, 2015
Source: CourtListener parenthetical corpus (CC0).
Judges: Cummings, Flaum, Grant, Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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