Johns-Manville Sales Corporation v. International Association of MacHinists Local Lodge 1609

ALVIN B. RUBIN, Circuit Judge:

The exemplary doctrine that an employer has a duty to provide a safe working place for its employees is here invoked to induce us to set aside an arbitration award, in direct collision with the principle that a court will not set aside an award that draws its essence from a collective bargaining agreement. Finding that the employer has, by agreement with the union representing its employees, bargained away some of its managerial prerogatives and has thus also modified its duty to its employees, we affirm the district court’s refusal to set the award aside.

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Johns-M…