[DOWNLOAD] "Electronics Corp. v. International Union of Electrical" by United States Court of Appeals for the First Circuit * eBook PDF Kindle ePub Free

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Title: Electronics Corp. v. International Union of Electrical
Author : United States Court of Appeals for the First Circuit
Release Date : January 21, 1974
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

COFFIN, Chief Judge. This appeal is from a summary judgment granted defendant union in a suit brought by management to vacate an arbitrator's award culminating an employee discharge grievance proceeding.1 The asserted cause for discharge was a long period, spanning several years, of falsifying time tickets. Although a three day suspension accompanied a third warning given the employee, three months before his discharge, the arbitrator based his award on an alleged lack of industrial due process, since he assumed that the employee was not suspended prior to discharge and the employee had therefore been deprived of a significant step in a graduated, progressive warning system. He ordered the reinstatement of the employee. The district court deemed the factual error underlying the arbitrator's award to be less one of decision than of explanation, construing the arbitrator, if he had indeed been aware of the suspension, as finding that the last three months of employment, following the third warning, began a ""new round"" of violations which required a suspension in that period. Thus, the question before us is: where the central fact underlying an arbitrator's decision is concededly erroneous, can the award stand?