Charter Communications, LLC v. International Brotherhood of Electrical Workers, Local 45

Good Law
602 F. App'x 654
United States Court of Appeals for the Ninth CircuitFebruary 12, 201512-57282California854 words

Opinion

Opinion

MEMORANDUM

Charter appeals from the district court’s order that denied its motion for summary judgment and confirmed two arbitration awards in favor of the International Brotherhood of Electrical Workers, Local 45. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Charter terminated two employees for violating rules set forth in Appendix D of the collective bargaining agreement (CBA) between Charter and the employees’ Union. Article 6, section B of the CBA states that “[t]he parties have agreed to a list of reasonable rules[, incorporated as Appendix D], the violation of which constitute just cause for discipline up to and including discharge.” Both arbitrators found that although each employee had violated rules listed in Appendix D, thereby providing just cause for discipline, Charter lacked just cause to impose the specific discipline of termination. Charter filed suit in federal court, seeking vacatur of the arbitration awards. The district court denied Charter’s motion for summary judgment, and confirmed the arbitration awards on its own motion.

“It is well-settled that federal labor policy favors the resolution of disputes through arbitration; thus, judicial…

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