Northern States Power Co. v. International Brotherhood of Electrical Workers, Local 160
2013 U.S. App. LEXIS 6446
| 8th Cir. | 2013Background
- NSP conducted a routine background check on Curtis Snow and learned of his May 4, 2010 guilty plea to three felony counts involving a minor and a probation term prohibiting contact with minors.
- Snow, as a Journeyman Lineman, could be assigned to work without direct supervision, but NSP had no evidence he ever worked alone in his two years of employment.
- NSP terminated Snow on August 6, 2010 because it could not guarantee no contact with a minor during job duties given the probation terms.
- The Union submitted a formal grievance under the CBA; the dispute was submitted to arbitration after failed internal grievance resolution.
- The arbitrator ruled that Snow’s termination had justification but that mitigating factors favored a remedy less severe than dismissal, and ordered reinstatement without back pay at Snow’s former or equivalent position.
- NSP petitioned the district court to vacate the award on the grounds that the arbitrator exceeded his authority by ordering reinstatement; the district court vacated the reinstatement portion, and the Union appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the arbitrator exceed authority by reinstating Snow after finding just cause? | Snow (NSP) contends the award exceeded authority by altering the termination outcome. | Snow argues the award drew essence from the CBA and did not exceed authority. | Yes; the district court properly vacated the award for exceeding authority. |
| Does the arbitrator's language imply a finding of just cause, thereby exceeding authority by ordering reinstatement? | NSP argues the award implicitly found just cause, making reinstatement beyond the arbitrator’s remit. | Union argues the two-part question allowed consideration of remedy without requiring a formal 'just cause' label in every sentence. | Yes; the arbitrator implicitly found just cause and so exceeded authority by ordering reinstatement. |
Key Cases Cited
- 187 Concourse Assoc. v. Fishman, 399 F.3d 524 (2d Cir. 2005) (arbitrator’s findings beyond just cause can lead to vacatur when remedy exceeds authority)
- American Eagle Airlines, Inc. v. Air Line Pilots Ass’n, Int’l, 343 F.3d 401 (5th Cir. 2003) (implicit findings of just cause may require vacatur if arbitrator nullifies CBA termination)
- St. Louis Theatrical Co. v. St. Louis Theatrical Brotherhood Local 6, 715 F.2d 405 (8th Cir. 1983) (post-viability of termination as just cause limits arbitrator’s remedy)
- Int’l Bhd. of Elec. Workers, Local 1 v. GKN Aerospace N. Am., Inc., 431 F.3d 624 (8th Cir. 2005) (discussion of standard for reviewing arbitration and contract interpretation)
- United Steelworkers of Am. v. Enter. Wheel & Car Corp., 363 U.S. 593 (1960) (arbitration awards must draw essence from the CBA; mere ambiguity not enough to vacate)
- United Paperworkers Int’l Union v. Misco, Inc., 484 U.S. 29 (1987) (deferential review of arbitrator’s interpretation within scope of authority)