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E.I. DUPONT DE NEMOURS AND CO., Plaintiff-Appellee
vs.
GRASSELLI EMPLOYEES INDEPENDENT ASSOC. OF EAST CHICAGO INC,. Defendant-Appellant
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Issues:
Arbitration, policy and procedure, post-accident testing, union issues.
Case Summary:
The union representing employees at E.I. DuPont de Nemours' Indiana facility appeals a lower court's decision concerning an arbitrator's ruling. The union submitted for arbitration a case involving a dismissed employee. The employee was dismissed after he assaulted co-workers and damaged company property. The employee was hospitalized and a post-accident drug test indicated a positive result for barbiturates. A second test produced a negative result. The union argued the employee may have had a nervous breakdown and should not have been dismissed. An arbitrator ruled the employee should be reinstated.
Decision of lower jurisdiction:
The U.S. District Court for the Northern District of Indiana reversed and vacated the arbitrator's ruling. The court ruled the arbitrator exceeded his authority. The union now appeals.
Outcome:
The union wins. The U.S. Court of Appeals for the Seventh Circuit reversed the decision of the lower jurisdiction and ordered enforcement of the arbitrator's ruling.