Veliz

MEMORANDUM *

These consolidated appeals arise from proceedings in the district court related to the arbitration over the Veliz plaintiffs’ *609 overtime claims. The complicated facts and procedural history are known to the parties, and we recite them only as necessary.

In appeal No. 07-16645, the Veliz plaintiffs appeal the district court’s order confirming in part and vacating in part the arbitrator’s award. We vacate and remand.

On December 5, 2006, the district court issued an order remanding to the arbitrator for clarification of his clause construction award. In its remand order, the district court made an error of law. It stated, under the doctrine of functus officio, the court “could not allow the arbitrator to ‘redetermine an issue which he has already decided.’” We note that four of the five arbitration agreements covering the Veliz plaintiffs include clauses permitting the arbitrator to reconsider a prior decision. Given the presence of these reconsideration clauses, the issue of whether the agreements permitted the arbitrator to issue a new award covering any or all of the plaintiffs was a question of contract interpretation for the arbitrator to decide, rather than…