192255P.pdf   07/30/2020  International Union  v.  Trane U.S. Inc.
   U.S. Court of Appeals Case No:  19-2255
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Kelly, Author, with Melloy and Kobes, Circuit Judges] 
   Civil case - Arbitration. In a dispute over whether Trane's Fort Smith 
   plant employees were entitled to vacation time when the plant was closed, 
   an arbitrator concluded Trane violated the CBA and the parties' closing 
   agreement when it denied the employees vacation pay and unused sick leave 
   (the June award); Trane interpreted the arbitrator's award in a way that 
   only three employees qualified for payments, while the union contended 
   approximately 200 employees were eligible for payments; when presented 
   with the issue, the arbitrator sent an email stating Trane's actions 
   complied with the award (the September award). The union brought an action 
   to compel further arbitration or to vacate the final arbitration award; 
   the district court dismissed the action, concluding the June award was 
   final, and the union was untimely in seeking to vacate the award; the 
   district court further concluded the union could not compel further 
   arbitration because the arbitrator had considered the issue in making the 
   award; held, the text of the June award indicates it was not final as the 
   arbitrator expressly retained jurisdiction until the terms of the award 
   were met and any issues or disputes were resolved; the subsequent 
   September email was thus the final award as the arbitrator expressly 
   relinquished further jurisdiction; as a result, the district court erred 
   in finding the union action was untimely; remanded for further 
   proceedings. Judge Kobes, dissenting.