American Postal Workers Union of Los Angeles, Afl-Cio v. United States Postal Service

Good Law
861 F.2d 211·1988 WL 116275·129 L.R.R.M. (BNA) 2944·1988 U.S. App. LEXIS 14750
United States Court of Appeals for the Ninth CircuitNovember 4, 198886-6081California2,958 words

Opinion

Opinion

The American Postal Workers Union of Los Angeles (Local Union) appeals the district court’s dismissal for lack of standing of its action to vacate an arbitration award on the ground that the arbitrator should have granted its request for a continuance. The Local Union contends that there are factual disputes and legal errors in the district court’s decision which require reversal of its standing decision. The United States Postal Service (USPS) argues there was no error but that dismissal of the complaint could also be upheld on the alternative ground that the arbitrator’s award should be enforced. We reverse and remand.

BACKGROUND

Raul D. Smith, a motor vehicle operator at the Los Angeles Post Office, was discharged for allegedly operating a postal vehicle without a valid driver’s license. The Local filed a grievance on Smith’s behalf in accordance with the grievance-arbitration provisions of the National Agreement, asserting the USPS lacked just cause for discharging Smith. After USPS management denied the grievance at the first three steps of the grievance procedure, the Local Union’s authorized Western Regional Representative, Raydell Moore, certified the grievance for…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.