Structural Steel & Ornamental Iron Ass'n v. Shopmen's Local Union No. 545
Structural Steel & Ornamental Iron Ass'n v. Shopmen's Local Union No. 545
Opinion of the Court
OPINION OF THE COURT
The pivotal issue presented in this appeal is whether the district court exceeded the proper scope of judicial review of a labor arbitration award in vacating that part of an arbitrator’s opinion and award which precluded and prohibited the appellee from applying to the Pay Board and prosecuting a wage challenge under Pay Board Regulation § 201.14, 6 C.F.R. § 201.14. Appellant does not argue for reversal on the ground that the district court misinterpreted § 201:14, but instead it contends that Judge Garth had no authority to interfere with the arbitrator’s decision with respect to how this regulation affected the collective bargaining agreement. We disagree. Since the district court determined that the Pay Board regulations, including without limitation § 201.14 thereof, created a federal right in appellee to secure a review of its existing contract by the Pay Board, and since the district court also found that appellee could exercise this right irrespective of the provisions of the collective bargaining agreement, we believe that the district court could properly conclude that the arbitrator in this case should not have denied appellee access to the Pay Board. See 9 U.S.C. § 10(d)
The judgment of the district court will be affirmed.
. 9 U.S.C. § 10(d) provides in pertinent part:
“In either of the following eases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration—
Hs # * * * *
“(d) Where the arbitrators exceeded their powers. ...”
. Section 211 provides in pertinent part:
“(a) The district courts of the United States shall have exclusive original jurisdiction of cases or controversies arising under this title * ♦ * *
“(b) (1) There is hereby created a court of the United States to be known as the Temporary Emergency Court of Appeals * * *
“(2) Except as otherwise provided in this section, the Temporary Emergency Court of Appeals shall have exclusive jurisdiction of all appeals from the district court of the United States in cases and controversies arising under this title * * * » '
. Reply Brief of defendant-appellant at page 8. See Brief of defendant-appellant at pages 1 and 16.
Reference
- Full Case Name
- STRUCTURAL STEEL AND ORNAMENTAL IRON ASSOCIATION OF NEW JERSEY, INC. v. SHOPMEN'S LOCAL UNION NO. 545 OF the INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS and United States of America. Appeal of SHOPMEN'S LOCAL UNION NO. 545 OF the INTERNATIONAL ASSOCIATION OF BRIDGE STRUCTURAL AND ORNAMENTAL IRON WORKERS
- Cited By
- 1 case
- Status
- Published