Operating Engineers v. Newmont Mining Corp.

I. BACKGROUND

Newmont and the Union entered into a collective bargain- ing agreement for the term October 1, 1999 through Septem- ber 30, 2002 (the “CBA”). The CBA set forth a three-step procedure for resolving the parties’ grievances. Any grievance not resolved through discussions between the parties (step one) or in a meeting before a Board of Adjustment (step two) could be submitted to binding arbitration. In the case of employee discharge or discipline submitted to arbitration, the CBA provided that: OPERATING ENGINEERS v. NEWMONT MINING CORP. 1327 [T]he Arbitrator shall determine the question of fact as to the occurrence or non-occurrence of the cir- cumstances upon which the discipline was based. If it is determined that such circumstances were as found by the Employer, the Employer’s decision as to the kind and degree of discipline shall not be dis- turbed unless there is an express finding that the kind and degree of discipline was unreasonable.

Newmont employed Samuel Taylor as a gas mechanic. On September 25, 2002, Taylor allegedly altered a company form so that it requested tools to which he was not entitled. Five days later, the CBA expired. On October…