DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131943P.pdf 06/26/2014 PSC Custom, LP v. United Steel, etc.
U.S. Court of Appeals Case No: 13-1943
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Loken, Author, with Chief Judge Riley and Bye, Circuit
Judges.]
Labor Case - arbitration. Following arbitration of termination of
employee, arbitrator concluded conduct did not rise to level of
insubordination because actions were negligent rather than willful or
deliberate action, and ordered 30-day suspension in lieu of termination.
District court upheld arbitrator's decision. Contrary to employer's
argument that arbitrator ignored plain language of contract, we are bound
to enforce the arbitrator's arguable construction or application of
contract. Arbitrator did not err in disregarding the Management Rights
clause of the agreement, as the arbitrator appropriately interpreted the
actions under the just-cause requirements. Enforcement of the arbitrator's
award is affirmed.