Teamsters Local Union No. 760 v. United Parcel Service, Inc., an Ohio Corporation

Teamsters Local No. 760 (“Teamsters”) appeals from the district court’s order awarding sanctions under Fed.R.Civ.P. 11 to United Parcel Service, Inc. (“UPS”). We affirm.

I

In August of 1989, an arbitrator determined that UPS discharged an employee in violation of a collective bargaining agreement. He ordered UPS to reinstate the employee with full back pay and benefits. He retained jurisdiction over the matter for 60 days to resolve computational issues. After the arbitrator’s jurisdiction expired, UPS issued a check to the employee for back pay.

Teamsters believed that UPS failed to comply with the arbitrator’s back pay award because UPS did not compensate the employee for overtime that the employee would have earned had he not been discharged. UPS disagreed. The parties submitted their dispute to the arbitrator. Their Agreement for Arbitration stated in part:

(Emphasis added.)

The arbitrator determined that “the Union has waived its right to have the arbitrator clarify the award in accordance with his retained jurisdiction. This being so, it is not necessary to consider the second issue.’’ He noted: “[T]he union contends it has a statutory right under Section 301 of the…