Federated Department Stores v. United Food & Commercial Workers Union, Local 1442

901 F.2d 1494 134 L.R.R.M. (BNA) 2162 , 58 USLW 2707 , 115 Lab.Cas. P 10,018 FEDERATED DEPARTMENT STORES, dba Ralphs Grocery Company, Petitioner-Cross-Respondent-Appellee, v. UNITED FOOD & COMMERCIAL WORKERS UNION, LOCAL 1442, Respondent-Cross- Petitioner-Appellant. No. 89-55156. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 10, 1990. Decided April 27, 1990. Henry M. Willis, Schwartz, Steinsapir, Dohrmann & Sommers, Los Angeles, Cal., for respondent-cross-petitioner-appellant. Leroy D. Westmoreland and Steven Brennan, McLaughlin & Irvin, Los Angeles, Cal., for petitioner-cross-respondent-appellee. Appeal from the United States District Court for the Central District of California. Before GOODWIN, Chief Judge, TANG and BOOCHEVER, Circuit Judges. GOODWIN, Chief Judge: 1 United Food and Commercial Workers Union, Local 1442 appeals a judgment vacating in part an arbitration award reinstating Juan Chao to his position as a checker/cashier for Federated Department Stores' Ralphs Giant Store No. 120 in Redondo Beach, California ("the Company"). We reverse. 2 The facts are undisputed. On the evening of May 28, 1987, Chao was scheduled to work from…