In Warrior Met Coal Mining LLC v. United Mine Workers of America District 20 (11th Cir., No. 21-10523, 3/4/2022), the United States District Court for the Northern District of Alabama had vacated an arbitrator’s award which reduced a discharge to a 60-day suspension. The 11th Circuit Court of Appeals reversed, and held the arbitrator was arguably interpreting the collective bargaining agreement. The agreement stated that four absences resulted in a discharge, but also provided that an employee could not be discharged without “just cause”. The employer gave the employee written notice of discharge after a fourth absence. Relying on past practices in the record and terms of the agreement, the arbitrator found that the employee was not absent – but late. The court found that the terms of the agreement were open to interpretation, and vacatur was not proper so long as the arbitrator was arguably interpreting those terms.
11th Circuit Confirms Labor Arbitrator’s Award
