Legal Opinion

Federated Employers of Nevada, Inc. v. Teamsters Local No. 631

Court of Appeals for the Ninth Circuit

Decided July 11, 1979No. 77-2060PublishedCited by 9 opinions

1Opinion of the Court

J. BLAINE ANDERSON, Circuit Judge:

A single issue is presented by this appeal: Does the arbitrator’s award draw its essence from the collective bargaining agreement? We hold it does not and reverse.

The collective bargaining agreement, which the parties agree is valid, provides for arbitration of annual wage increases if an accord is not reached in negotiations. The arbitrator’s authority is narrow:

“The arbitrator shall be instructed by the parties that in issuing his findings he must select as his award either the last offer made by the Employers or the last offer made by the Union at the…

2Cases cited3 opinions

  1. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  2. Holly Sugar Corp. v. Distillery, Rectifying, Wine & Allied Workers Int'l Union, Afl-CioCourt of Appeals for the Ninth Circuit · 1969
  3. In re the Arbitration between Aloha Motors, Inc. & ILWU Local 142Court of Appeals for the Ninth Circuit · 1976

3Cited by9 opinions

  1. Pacific Motor Trucking Co., Plaintiff-Cross-Defendant-Appellee v. Automotive MacHinists Union, Defendant-Cross-Complainant-AppellantCourt of Appeals for the Ninth Circuit · 1983
  2. Hecla Mining Co. v. Bunker Hill Co.Idaho Supreme Court · 1980
  3. Federated Employers Of Nevada, Inc. v. Teamsters Local No. 631Court of Appeals for the Ninth Circuit · 1979
  4. Safeway Stores, Inc. v. United Food & Commercial Workers UnionDistrict Court, District of Columbia · 1985
  5. Hawaii Teamsters and Allied Workers Union, Local 996 v. United Parcel Service, AmendedCourt of Appeals for the Ninth Circuit · 2000

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