Legal Opinion

Chevron Mining Inc. v. United Mine Workers of America Local 1307

Court of Appeals for the Tenth Circuit

Decided August 12, 2011No. 10-8074PublishedCited by 4 opinions

1Opinion of the Court

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Chevron Mining, Inc. (“CMI”) appeals from the district court’s denial of its motion to vacate an arbitration award reinstating CMI employee John Weston following his termination for just cause by CMI. CMI argues that the arbitrator’s decision to reverse CMI’s just cause determination based upon “forgivable” rule violations cannot be said to “draw its essence” from the governing collective bargaining agreement and that the award imposed contradicts and modifies the terms of the collective bar-gaining agreement. We affirm.

Background

Mr. Weston…

2Cases cited10 opinions

  1. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  2. Denver & Rio Grande Western Railroad v. Union Pacific RailroadCourt of Appeals for the Tenth Circuit · 1997
  3. Mistletoe Express Service, an Oklahoma Corporation v. Motor Expressmen's Union, a Labor Organization, and Roy MartinCourt of Appeals for the Tenth Circuit · 1977
  4. U.S. Energy Corp. v. Nukem, Inc.Court of Appeals for the Tenth Circuit · 2005
  5. Joseph Jenkins and Stanley Hodges, & Cross-Appellees v. Prudential-Bache Securities, Inc., & Cross-AppellantCourt of Appeals for the Tenth Circuit · 1988

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3Cited by4 opinions

  1. Dish Network L.L.C. v. RayCourt of Appeals for the Tenth Circuit · 2018
  2. Air Methods Corporation v. OPEIUCourt of Appeals for the Tenth Circuit · 2013
  3. Gocha v. National Railroad Passenger Corp.District Court, D. Colorado · 2014
  4. Data Monitor Systems, Inc. v. International Brotherhood of Teamsters Local 42District Court, D. New Mexico · 2024

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