Unoch
United Nurses of Children's Hospital v. Rady Children's Hospital-San Diego
Opinion
Opinion
MEMORANDUM
United Nurses of Children’s Hospital, a union representing employees at Rady Children’s Hospital San Diego (“RCHSD”), appeals the district court’s dismissal of its motion to confirm an arbitration award in its favor and vacatur of the remedy awarded. We have jurisdiction under 28 U.S.C. § 1291 . “While we review de novo the decision to vacate or confirm an arbitration award, review of the award itself is ‘both limited and highly deferential’ and an arbitration award may be vacated only if it is ‘completely irrational’ or ‘constitutes manifest disregard of the law.’ ” PowerAgent, Inc. v. Elec. Data Sys. Corp., 358 F.3d 1187, 1193 (9th Cir.2004) (quoting Coutee v. Barington Capital Grp., 336 F.3d 1128 , 1132-33 (9th Cir.2003)). If the “arbitrator is even arguably construing or applying the contract and acting within the scope of his authority,” then the arbitrator’s award must be upheld. S. Cal. Gas Co. v. Util. Workers Union of Am., 265 F.3d 787, 792 (9th Cir.2001) (quoting E. Assoc. Coal Corp. v. United Mine Workers of Am., 531 U.S. 57, 62 , 121 S.Ct. 462 , 148 L.Ed.2d 354 (2000)). With these principles in mind, we reverse.
1. RCHSD argues that the parties did not…