Amalgamated Transit Union, Afl-Cio Local Division 1309 v. Aztec Bus Lines

This is a suit under § 301(a) of the Labor-Management Relations Act, 29 U.S.C. § 185 (a) to enforce an arbitration award. Aztec Bus Lines, the employer, refused to obey an arbitrator’s decision ordering the reinstatement of Phillip Mulligan, a bus driver with the company. Aztec’s contention is that the award offends public policy.

Mulligan began working for the company in the fall of 1977. He was involved in a number of accidents and mishaps during his first year of employment, but the arbitrator refused to consider all but one of these incidents as a basis for imposing sanctions against Mulligan. In his opinion he stated that

Such procedures are required by the collective bargaining agreement between the Union and company.

The one properly documented incident occurred on August 31, 1978, when Mulligan drove a bus with faulty brakes which, according to his testimony, caused it to “dive and rock.” Mulligan was aware of company procedures for taking faulty equipment out of operation. He was also advised by a patrolman not to drive the bus if there was any question as to its safety. Nevertheless, he continued to operate the bus. The arbitrator found that Mulligan “exhibited…