123712P.pdf   05/14/2014  Associated Electric Coop.  v.  IBEW
   U.S. Court of Appeals Case No:  12-3712
   U.S. District Court for the Eastern District of Missouri - Hannibal   
   [PUBLISHED] [Loken, Author, with Colloton and Benton, Circuit Judges] 
   Civil case - Labor law. In concluding that the arbitrator was obligated to 
   enforce a mandatory termination provision in a "Last Chance Agreement," 
   the district court read this court's decision in Coca-Cola Bottling Co. v. 
   Teamsters Local Union No. 688, 959 F.2d 1438 (8th Cir. 1992), cert. 
   denied, 506 U.S. 1013 (1992) too broadly; since the company and the 
   employee entered into the Agreement by mutual mistake, it was within the 
   arbitrator's just cause discretion to conclude the employee's conduct did 
   not fall within the unyielding remedial terms of the Agreement; however, 
   because the union grieved the employee's discharge rather than his earlier 
   suspension, the court would not enforce the part of the arbitrator's award 
   which granted the employee back pay from the day he was suspended until 
   the date he was discharged. Judge Colloton, concurring in the judgment and 
   dissenting in part.