Legal Opinion

United States Postal Service v. American Postal Workers Union, Afl-Cio

Court of Appeals for the Fifth Circuit

Decided January 28, 1991No. 90-1562PublishedCited by 25 opinions

1Opinion of the Court

WIENER, Circuit Judge:

Defendant-Appellant, the American Postal Workers Union, AFL-CIO (APWU), appeals the summary judgment which the district court granted in favor of plaintiff-appellee, the United States Postal Service (Postal Service). Stating that the arbitrator had clearly exceeded his authority under the terms of the collective bargaining agreement, the district court vacated the award of the arbitrator who had directed that a probationary postal employee be reinstated. Finding that the arbitrator exceeded his authority, we affirm.

OPERABLE FACTS

The discharged employee, Darel Smith, was…

2Cases cited5 opinions

  1. United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
  2. The Delta Queen Steamboat Company v. District 2 Marine Engineers Beneficial Association, Associated Maritime Officers, Afl-Cio and Philip RitchieCourt of Appeals for the Fifth Circuit · 1989
  3. Ronald J. Roche v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 1987
  4. Container Products, Inc. v. United Steelworkers of America, and Its Local 5651Court of Appeals for the Fifth Circuit · 1989
  5. American Postal Workers Union v. United States Postal ServiceDistrict Court, District of Columbia · 1989

3Cited by25 opinions

  1. United States v. Adrian Pielago, Maria VaronaCourt of Appeals for the Eleventh Circuit · 1998
  2. United States Postal Service v. American Postal Workers Union, Afl-CioCourt of Appeals for the Fourth Circuit · 2000
  3. Rodney Harrell v. United States Postal ServiceCourt of Appeals for the Seventh Circuit · 2006
  4. Millgard Corp. v. McKee/MaysCourt of Appeals for the Fifth Circuit · 1995
  5. Seguros Comercial Americas S.A. De C v. v. American President Lines, Ltd.District Court, S.D. Texas · 1995

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