· 3/24/1993
Phoenix Newspapers, Inc. v. Phoenix Mailers Union Local 752, International Brotherhood of Teamsters
Citations
- 989 F.2d 1077
- 93 Daily Journal DAR 3735
- 93 Cal. Daily Op. Serv. 2106
- 142 L.R.R.M. (BNA) 2819
- 1993 U.S. App. LEXIS 5748
- 1993 WL 80301
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that attorney’s fees may be awarded against a party who refuses to abide by an arbitrator’s award without justification because, citing Alyeska, that refusal equates to an act taken in bad faith, vexatiously, or for oppressive reasons
- observing award must be enforced only if it represents a “plausible interpretation” of the CBA
- reversing district courts characterization of remedy as rights arbitration and vacating interest arbitration award as supplementing collective bargaining 18 agreement and, therefore, not drawing essence from collective bargaining agreement
- vacating arbitrator’s award when employer rejected same remedy in prior collective bargaining agreement negotiations
- fact that agreement failed to include provision related to “manning [of machinery] changes” is not forceful evidence sufficient to override presumption of arbitrability derived from broad arbitration clause
- ‘‘[a]s long as a plausible solution is available within the gen- eral framework of the agreement, the arbitrator has the authority to decide what the parties would have agreed on had they foreseen the particular item in dispute’’ (internal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Wiggins, O'Scannlain, Fernandez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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