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Local 238 International Brotherhood of Teamsters Chauffeurs Warehousemen & Helpers Plaintiff - Appellant
vs.
Cargill Inc. Defendant - Appellee.
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Issues:
Refusal, union issues, collective bargaining, policy and procedure, arbitration.
Case Summary:
The union representing James Kopish appeals a lower court's ruling concerning an issue that was submitted for arbitration. Kopish was discharged from his job at Cargill, Inc., after he refused to submit to a drug and alcohol test. His union submitted the case for arbitration. Following a hearing, an arbitrator overruled the company's dismissal order. The arbitrator ruled that Kopish should be placed on suspension and then on a two-year probation. The company petitioned the court for review of the arbitrator's ruling.
Decision of lower jurisdiction:
The U.S. District Court for the Eighth District ruled that the arbitrator exceeded his authority. The union now appeals.
Outcome:
The union wins. The U.S. Court of Appeals for the Eighth Circuit reversed the ruling of the lower court and remanded the case with instructions to enforce the arbitrator's ruling.