Smurfit Newsprint Corp. v. Association of Western Pulp & Paper Workers, Local 60
Opinion
Lead Opinion
MEMORANDUM ***
Appellant Smurfit Newsprint Corporation (“Smurfit”) appeals the denial of its petition to vacate a labor arbitration award.
Judicial review of a labor-arbitration decision pursuant to a collective bargaining agreement (“CBA”) “is very limited.” Major League Baseball Players Ass’n v. Garvey, 532 U.S. 504, 509 , 121 S.Ct. 1724 , 149 L.Ed.2d 740 (2001). “Courts are not authorized to review the arbitrator’s decision on the merits despite allegations that the decision rests on factual errors or misinterprets the parties’ agreement.” Id. If an “ ‘arbitrator is even arguably construing or applying the contract and acting within the scope of his authority,’ the fact that ‘a court is convinced he committed serious error does not suffice to overturn his decision.’ ” Eastern Associated Coal Corp. v. United Mine Workers, Dist. 17, 531 U.S. 57, 62 , 121 S.Ct. 462 , 148 L.Ed.2d 354 (2000) (citation omitted). “It is only when the arbitrator strays from interpretation and application of the agreement and effectively ‘dispense^] his own brand of industrial justice’ that his decision may be unenforceable.” Garvey, 532 U.S. at 509 (citation omitted).