In Advantage Veterans Services of Walterboro, LLC v. United Steel Workers (4th Cir., No. 22-1268, 06/15/2023), the employer challenged an arbitration award in favor of the union stemming from the discharge of a union-represented employee. The trial court affirmed the award, finding that the arbitrator correctly applied a just cause analysis in sustainining the employee’s grievance. The Fourth Circuit reversed, finding the arbitrator had failed to explicitly make the required determination that the employer had a reasonable basis to discharge the employee at the time of the discharge, as was required under the explicit terms of the parties’ collective bargaining agreement. The court held this determination was a clear and unambiguous procedural requirement, and the arbitrator’s oversight required vacating the arbitration award.
4th Circuit Vacates Labor Arbitration Award on Procedural Grounds
