Bienvenido Diaz v. Schwerman Trucking Company

In this case, Schwerman Trucking Company (Schwerman) appeals the district court’s summary enforcement of an arbitration award made under a collective bargaining agreement. 1 We vacate the district court’s enforcement order and remand the case for further proceedings because a critical factual issue remains to be litigated.

Schwerman is a Miami based trucking firm. It is bound by a collective bargaining agreement that provides, inter alia, that Schwerman will not decrease the hauling rates paid employees. The agreement also involving the collective bargaining agreement are to be settled by…