664 F.3d 1230
8th Cir.2012Background
- Breckenridge O'Fallon, Inc. employed Eguia as a ready-mix truck driver who injured his back and was released to work without lifting restrictions.
- Breckenridge required an FCE before return; Eguia failed the FCE and Breckenridge placed him on unpaid medical leave.
- Two other physicians later opined Eguia should have permanent lifting restrictions below job minimums; Breckenridge relied on those opinions to withhold work.
- Eguia's personal physician later released him without restriction; Breckenridge sought a third medical opinion; Dr. Petkovich limited lifting to 45 pounds.
- Union filed a grievance; arbitrator ordered a second FCE and restoration of Eguia's driver position and seniority if he passed; district court granted summary judgment enforcing the award.
- Breckenridge appeals, arguing the arbitrator exceeded powers and failed to draw the essence from the CBA; the district court denied vacatur.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the award draw its essence from the CBA? | Breckenridge argues arbitrator ignored CBA and imposed noncontractual obligations. | Union contends arbitrator reasonably applied management rights and FCE policy. | Yes; award drew its essence under the management rights clause. |
| Was the award contrary to law under FMLA regulations and savings clause? | Breckenridge asserts the FMLA rule requiring a third opinion was applicable and savings clause controls. | Union asserts consistency with policy and permissible FMLA third-opinion mechanism. | No error; FMLA regulation is permissive and savings clause irrelevant. |
Key Cases Cited
- United Paperworkers Int'l Union, AFL-CIO v. Misco, Inc., 484 U.S. 29 (U.S. 1987) (arbitrators’ decisions deferential review; must draw essence from CBA)
- Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593 (U.S. 1960) (essence test for arbitration awards)
- Garvey, Major League Baseball Players Ass'n v. Garvey, 532 U.S. 504 (U.S. 2001) (even grave error by arbitrator does not overturn if within scope)
- Chicago Tribune Co. v. NLRB, 974 F.2d 933 (7th Cir. 1992) (reasonableness of employer safety/work rules within arbitrator’s remit)
- The Star Tribune Co. v. Minn. Newspaper Guild, 450 F.3d 345 (8th Cir. 2006) (upholding arbitrator for inconsistency with past practice under CBA)
- Trailmobile Trailer, LLC v. International Union of Elec. Workers, 223 F.3d 744 (8th Cir. 2000) (arbitration review in labor matters)
- Alvey, Inc. v. Teamsters Local Union No. 688, 132 F.3d 1209 (8th Cir. 1997) (scope of arbitrator’s authority under CBA)