Brown & Pipkins, LLC v. Service Employees International Union

B&P appealed the confirmation of four labor arbitration awards. The Union cross-appealed for attorneys' fees. The court affirmed the confirmation of the arbitration award, based in large part upon the limited scope of its review of a labor-arbitration decision pursuant to a collective bargaining agreement (CBA). The court explained that, by balancing competing provisions in the CBA and coming to a conclusion, the arbitrator cleared the very low bar needed to insulate the award from a charge that he failed to construe the CBA. In this case, the court found B&P’s arguments on this point amount to an impermissible attack on the correctness of the arbitrator’s decision. The court also concluded that the arbitrator was within his authority to find the grievance timely under the continuing violation doctrine. Furthermore, the district court did not err in confirming the Hours Reduction Award; did not err in confirming the Drivers’ Pay Award, did not err in confirming the Vacation Pay Award; and did not err in confirming the Monies Owed Award. Finally, the court held that the Union waived its claim for attorneys’ fees by not complying with Federal Rule of Civil Procedure 54. Accordingly, the court affirmed the judgment. View "Brown & Pipkins, LLC v. Service Employees International Union" on Justia Law