Phoenix Newspapers, Inc. v. Phoenix Mailers Union Local 752, International Brotherhood of Teamsters

Bad Law
93 Daily Journal DAR 3735·989 F.2d 1077·1993 WL 80301·142 L.R.R.M. (BNA) 2819·1993 U.S. App. LEXIS 5748
United States Court of Appeals for the Ninth CircuitMarch 24, 199391-16459California3,832 words

Opinion

Opinion

Wiggins, J.

OVERVIEW

Phoenix Newspapers, Inc. (“PNI”) appeals the district court’s grant of summary judgment and award of attorneys’ fees in favor of Phoenix Mailers Union Local 752 (“the Union”). PNI filed a complaint in district court to vacate an arbitration award and moved for summary judgment. The Union filed a cross-motion for summary judgment, seeking enforcement of the arbitration award and attorneys’ fees. The district court found that PNI made essentially three arguments: (1) the dispute was not arbitrable, (2) the arbitration award was not valid because it did not draw its essence from the collective bargaining agreement (“Agreement”), and (3) the arbitrator’s remedy exceeded his authority. The district court granted the Union’s motion for summary judgment and awarded fees. PNI appeals.

The district court had jurisdiction pursuant to 28 U.S.C. § 1331 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, and reverse in part.

BACKGROUND

PNI and the Union are parties to a collective bargaining agreement that governs the wages, hours, and working conditions of PNI's mailroom employees. A dispute arose when PNI unilaterally implemented manning changes for the…

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