Edward Hines Lumber Company of Oregon v. Lumber and Sawmill Workers Local No. 2588 and Central Oregon District Council, Lpiw

I respectfully dissent. The majority concludes that the district court improperly substituted its own judgment for that of the arbitrator in vacating the arbitrator’s award in favor of the Union. I disagree, for the reason that the majority’s disposition misses what I perceive to be the critical question presented by this appeal: When management’s decision to subcontract work does not violate the express terms of a collective bargaining agreement and causes no unemployment among bargaining unit workers, should an arbitration award based upon a disregarding of these facts be upheld? I submit…