Legal Opinion · Dissent

Northern States Power Co. v. International Brotherhood of Electrical Workers, Local 160

Court of Appeals for the Eighth Circuit

Decided April 1, 2013No. 12-1186Published

1DissentMurphy, Circuit Judge

A careful reading of the arbitrator’s award reveals that he clearly made no finding of just cause. Since the arbitrator’s order to reinstate Curtis Snow’s position at NSP drew its essence from the collective bargaining agreement, I respectfully dissent.

After NSP and the union disagreed about the appropriate discipline for Snow, they put to the arbitrator the question of whether Snow was terminated for “just cause,” and if not, what the remedy should be. The phrase “just cause” is a “term of art that defines the many unrelated, independent acts that serve as grounds for employee discipline…

2Cases cited10 opinions

  1. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  2. Eastern Associated Coal Corp. v. United Mine Workers, District 17Supreme Court of the United States · 2000
  3. Jacqueline A. Tommas Griffith v. Federal Labor Relations AuthorityCourt of Appeals for the D.C. Circuit · 1988
  4. American Eagle Airlines, Inc. v. Air Line Pilots Ass'n InternationalCourt of Appeals for the Fifth Circuit · 2003
  5. Franklin Electric Co. v. International Union, United Automobile Aerospace and Agricultural Implement Workers of America (Uaw) Local No. 1000Court of Appeals for the Eighth Circuit · 1989

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API