Paper, Allied-Industrial, Chemical & Energy Workers International Union, Local 1-9 v. S.D. Warren Co.

ORDER ON MOTION FOR SUMMARY JUDGMENT

WOODCOCK, District Judge.

Even though Tracy Hotham’s employer violated the Collective Bargaining Agreement by discharging him without just cause, an arbitrator ruled he had no right to back pay and should not be reinstated to his job, because he had engaged in post-discharge misconduct. Dissatisfied with the arbitrator’s ruling, Mr. Hotham’s union, the Paper, Allied-Industrial, Chemical and Energy Workers International Union, Local 1-9, AFL-CIO, CLC (PACE) has challenged the award in favor of S.D. Warren Company d/b/a Sappi Fine Paper North America (Somerset…