Legal Opinion

Delek Refining, Limited v. Local 202, Untd Steel

Court of Appeals for the Fifth Circuit

Decided June 1, 2018No. 17-40593PublishedCited by 15 opinions

1Opinion of the Court

GREGG COSTA, Circuit Judge:

Instead of using its employees, Delek Refining hired contract workers to replace a chemical reactor at one of its refineries. An arbitrator found that doing so violated the company's collective bargaining agreement (CBA), which requires that employees get first crack at new work unless certain exceptions apply. In light of this provision and the deference courts give to arbitrators' decisions, we agree with the district court that Delek's challenge to the award should be dismissed. We also agree that the union is entitled to attorneys' fees for having to defend the…

2Cases cited19 opinions

  1. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  2. United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
  3. Oxford Health Plans LLC v. SutterSupreme Court of the United States · 2013
  4. Ted Kubala, Jr. v. Supreme Production Svc, Inc.Court of Appeals for the Fifth Circuit · 2016
  5. National Football League Management Council v. National Football League Players Ass'nCourt of Appeals for the Second Circuit · 2016

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3Cited by15 opinions

  1. CWA v. Southwestern Bell Telephone CoCourt of Appeals for the Fifth Circuit · 2020
  2. Bimbo Bakeries USA Inc v. Bakery Confectionery Tobacco Workers and Grain Millers International Union Local 111District Court, N.D. Texas · 2022
  3. Building Materials Manufacturing Corporation v. United Steelworkers International Union on Behalf of its Local 00759District Court, N.D. Texas · 2020
  4. CWA v. Southwestern Bell Telephone CoCourt of Appeals for the Fifth Circuit · 2020
  5. Communications Workers of America AFL-CIO v. Dex Media IncDistrict Court, N.D. Texas · 2022

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