Boehringer Ingelheim Vetmedica v. UFCW

After BIVI discharged an employee for falsifying work records, the Union grieved the discharge. BIVI and the Union submitted the dispute to arbitration, the arbitrator ordered that the employee be reinstated without back pay, and BIVI commenced this action to vacate the arbitration award. The district court granted summary judgment to the Union and BIVI appealed. The court concluded that the arbitrator's award drew its essence from the collective bargaining agreement (CBA) where BIVI's Article VIII, Section 3(d) argument was waived and where the arbitrator conducted a straightforward balancing of the management rights and just cause provisions. The court also concluded that BIVI has not made the factual and legal showing that would be required for the court to invoke the narrow public policy exemption and vacate an arbitration award that fully acknowledged the employee's misconduct, denied her back pay as a result of that misconduct, but reinstated her to her former position. Accordingly, the court affirmed the judgment of the district court. View "Boehringer Ingelheim Vetmedica v. UFCW" on Justia Law