(DOWNLOAD) "United Steelworkers Of America V. Timken Co." by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United Steelworkers Of America V. Timken Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 28, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This appeal from a judgment of the district court enforcing a labor arbitration award under Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185, presents a strange twist to the familiar argument that the arbitrator erred in determining whether a grievance was arbitrable. In this case it is the grievant who successfully sought arbitration, rather than the employer who initially resisted arbitration, who now asks that the arbitration award be set aside, on the ground that the arbitrator found the grievance arbitrable under a different section of the collective bargaining agreement than that relied upon by the grievant. We find that the arbitrator's decision as to which section applied is not the kind of arbitrability determination that requires ultimate resolution by a court; rather his decision was a resolution of the grievance on its merits through interpretation of the substantive provisions of the agreement. Such a decision is within the peculiar province of the arbitrator and is to be enforced, regardless of whether we might have interpreted the provisions differently, as long as the decision "draws its essence" from the collective bargaining agreement. United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593, 597, 4 L. Ed. 2d 1424, 80 S. Ct. 1358 (1960); Anaconda Co. v. District Lodge 27 of the International Assoc. of Machinists & Aerospace Workers, AFL-CIO, 693 F.2d 35 (6th Cir. 1982). Accordingly, we affirm.
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