Delta Lines, Inc. v. International Brotherhood of Teamsters, Local 468

Good Law
136 Cal. Rptr. 345·1977 Cal. App. LEXIS 1191·66 Cal. App. 3d 960·95 L.R.R.M. (BNA) 2498
Court of Appeal of CaliforniaFebruary 9, 1977Civ. 39763California2,863 words

Opinion

Opinion

Lazarus, J.

This is an appeal by Delta Lines, Inc. (hereinafter Company) from a judgment denying its petition to vacate an arbitration award in favor of the International Brotherhood of Teamsters, Local 468 (hereinafter Union) and granting a petition to confirm the award.

The parties have stipulated that the sole issue that was to be submitted for arbitration was whether Company had just cause under a collective bargaining contract to discharge a former employee, John G. Platt. Company contends that in making the disputed award the arbitrator exceeded the scope of his authority by deciding an issue that had not been submitted to him for decision. However, the real question here appears to be whether the arbitrator determined the issue that he was called upon to decide at all.

Company is a trucking firm with its principal offices at Oakland, California. Its drivers are all members of Union. Platt was one of its drivers who had worked for Company from September 22, 1972, until his employment was terminated in February 1975. His regular run was between his home terminal at Emeryville, California and Los Angeles, his layover point.

Article 51, section 2(c) of the collective bargaining…

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