Peabody Western Coal Co. v. District 22, United Mine Workers

MEMORANDUM *

Peabody Western Coal Company (“Peabody”) appeals the district court’s judgment granting in part and denying in part the motion for summary judgment filed by United Mine Workers of America, District 22 and Local Union 1620, and ordering Peabody to enforce the terms of the arbitrator’s April 2000 award and May 2001 clarification letter. Reviewing the district court’s confirmation of the arbitration award “like any other district court decision ... accepting findings of fact that are not clearly erroneous but deciding questions of law de novo,” Coutee v. Barington Capital Group, L.P., 336 F.3d 1128, 1132 (9th Cir.2003), we affirm.

An arbitrator’s interpretation of the scope of the issues submitted is entitled to deference, as is the arbitrator’s resolution of the issues he deems submitted. Sheet Metal Workers’ Int’l Ass’n Local Union No. 359 v. Madison Indus., Inc. of Arizona, 84 F.3d 1186, 1190 (9th Cir.1996); Pack Concrete, Inc. v. Cunningham, 866 F.2d 283, 285 (9th Cir.1989). Thus, “courts are not at liberty to substitute their own interpretation of the parties’ submission for that of the arbitrator.” Ass’n of W. Pulp & Paper Workers, Local 78 v. Rexam Graphic,…