Paper Allied-Industrial Chemical v. Sandvik Special Metals Corp.

Good Law
132 F. App'x 149
United States Court of Appeals for the Ninth CircuitMay 18, 2005No. 03-35930California550 words

Opinion

Lead Opinion

MEMORANDUM *

Sandvik Special Metals Corporation (“the Company”) fired employee Scot Jackson for harassing co-worker Wayne Lewis and subsequently lying about it during the Company’s internal investigation. The Paper Allied-Industrial, Chemical and Energy Workers International Union, Local 8-0369, pursued a grievance on Jackson’s behalf, and the arbitrator ordered the reinstatement of Jackson because the Company lacked “proper cause” to terminate his employment. The Company filed a motion to vacate the arbitration award on the grounds that (1) the award violates the public policy of encouraging harassment victims to come forward, and (2) the arbitrator did not explicitly find that Jack *150 son was amenable to lesser discipline and therefore unlikely to continue harassing co-workers. We affirm the district court’s denial of the motion to vacate.

We generally regard an arbitrator’s interpretation of a collective bargaining agreement as the final word on the meaning of the contract “because both employer and union have granted to the arbitrator the authority to interpret the meaning of their contract’s language, including such words as ‘just cause.’ ” E. Associated Coal Corp. v.…

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