Alhambra Foundry Co., Ltd., a Corporation v. General Warehousemen's Union, Local 598

Good Law
687 F.2d 287·111 L.R.R.M. (BNA) 2451·1982 U.S. App. LEXIS 25691
United States Court of Appeals for the Ninth CircuitSeptember 14, 198281-5315California694 words

Opinion

Opinion

Price, J.

Alhambra Foundry Co., Ltd. (Alhambra), appellant herein, appeals from an order dismissing its complaint to vacate an arbitration award. We affirm.

This controversy commenced when Alhambra fired two of its employees for fighting in violation of its company rules. At the time of this incident Alhambra was a party to a collective bargaining agreement with General Warehousemen’s Union, Local 598 (Local 598) which contained a provision for arbitration of grievances. Local 598 filed grievances on behalf of the discharged workers in a timely manner seeking reinstatement and an order making them whole. At issue is the following provision of the company rules adopted pursuant to the collective bargaining process:

After a full hearing, the arbitrator ruled that the grievants were discharged in violation of the agreement and that the discharges were changed to disciplinary suspensions of thirty (30) days without pay. The grievants were ordered reinstated with full back pay and contractual allowances less outside earnings.

Alhambra filed a petition in District Court to vacate the arbitration award. Local 598 filed a motion to dismiss the complaint and application for an order confirming…

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