Summary
The United States District Court for the Northern District of Ohio denied Howmet Aerospace, Inc.'s motion to vacate an arbitration award and granted the United Steelworkers' motion to confirm and enforce it. The court held that the arbitrator arguably construed and applied the collective bargaining agreement in determining that a longstanding local working condition limiting one inspector to one sonic tank remained in effect. The court entered judgment in favor of the Union.
Holdings
- The arbitration award must be upheld because Howmet failed to show that Arbitrator Klein acted outside the extremely limited scope of judicial review by failing to arguably construe or apply the collective bargaining agreement.
- The flexibility provision did not eliminate or override the established local working condition requiring one Sonic Department inspector per tank, except for Tanks 4 and 7.
- The unions were entitled to summary judgment confirming and enforcing Arbitrator Klein's award.
Questions Presented
- Whether Arbitrator Klein's award should be vacated because he failed to construe or apply the collective bargaining agreement.
- Whether the negotiated flexibility provision eliminated or superseded the established local working condition limiting Sonic Department inspectors to one tank at a time.
- Whether the unions were entitled to summary judgment confirming and enforcing the arbitration award.
Disposition
other
Cases Cited (19)
- Mich. Fam. Res., Inc. v. Serv. Emps. Int'l Union Local 517M, 475 F.3d 746 (6th Cir. 2007) (en banc)(followed)
- Johnson v. Karnes, 398 F.3d 868, 873 (6th Cir. 2005)(followed)
- Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986)(followed)
- Guarino v. Brookfield Twp. Trustees, 980 F.2d 399, 403 (6th Cir. 1992)(followed)
- Cox v. Ky. Dep't of Transp., 53 F.3d 146, 150 (6th Cir. 1995)(followed)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88 (1986)(followed)
- Adickes v. S.H. Kress & Co., 398 U.S. 144 (1970)(followed)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)(followed)
- Scott v. Harris, 550 U.S. 372, 380 (2007)(followed)
- Klepper v. First Am. Bank, 916 F.2d 337, 342 (6th Cir. 1990)(followed)
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Court Document
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