Medic Ambulance Service v. National Emergency Medical Services Ass'n

MEMORANDUM

Appellant Medic Ambulance Services (“Medic”) appeals the district court’s denial of its motion to vacate an arbitration award. We affirm.

Medic and Appellee National Emergency Medical Services Association (“NEM-SA”) arbitrated a grievance under their collective bargaining agreement before arbitrator Karen Andres. Arbitrator Andres determined that Medic had improperly terminated employee and NEMSA member Eric Sponsler and ordered his reinstatement with full back pay.

Article IX of the parties’ collective bargaining agreement covers discharge and discipline issues and provides that Medic “shall have the right to discharge or suspend or to take other discipline action ‘for just cause.’ ” Meanwhile, Article X sets out the grievance procedure and limits liability as follows: “Liability for back wages, time off accruals or any other economic benefit, shall be limited to three (3) months’ pay for the grievance with no reinstatement.”

Appellant Medic argues that arbitrator Andres’s award of reinstatement and back pay violates this limitation on remedies.

In Southern California Gas Company v. Utility Workers Union of America, Local 132, AFL-CIO, 265 F.3d 787, 792 (9th…