Nat'l Wrecking Co. v. Int'l Bhd. Of Teamsters, Local 731, 990 F.2d 957 (7th Cir. 1993). · Go Syfert
Nat'l Wrecking Co. v. Int'l Bhd. Of Teamsters, Local 731, 990 F.2d 957 (7th Cir. 1993). Cases Citing This Book View Copy Cite
G Cite
242 citation events (157 in the last 25 years) across 38 distinct courts.
Strongest positive: Holden v. Deloitte and Touche LLP (ilnd, 2005-09-28)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Holden v. Deloitte and Touche LLP (4×) also: Cited as authority (rule), Cited "see"
N.D. Ill. · 2005 · signal: accord · quote attribution · 1 verbatim quote · confidence high
we will not set aside an arbitrator's award for factual or legal errors, as long as the award contains the honest decision of the arbitrator after a full and fair hearing of the parties.
examined Cited as authority (verbatim quote) Rosenbaum v. Imperial Capital, LLC (4×) also: Cited as authority (rule)
D. Maryland · 2001 · quote attribution · 1 verbatim quote · confidence high
the arbitrator's award may be erroneous, but, even if it is, it does not evidence a manifest disregard for the regulations. has failed to show that the arbitrator deliberately disregarded what he knew to be the law.
discussed Cited as authority (quoted) Briarwood Office Center II Condominium Association v. West Bend Mutual Insurance Company
N.D. Ill. · 2025 · quote attribution · 1 verbatim quote · confidence low
judicial review of arbitration awards is narrow because arbitration is intended to be the final resolution of disputes.
discussed Cited as authority (quoted) REPUBLIC AIRWAYS INC. v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS
S.D. Ind. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence low
failure to present an issue before an arbitrator waives the issue
examined Cited as authority (quoted) Prudential Investment Management Services, LLC. v. Schipper (2×)
N.D. Ill. · 2024 · quote attribution · 2 verbatim quotes · confidence low
failure to present an issue before an arbitrator waives the issue in an enforcement proceeding"; parties "cannot stand by during arbitration, withholding certain arguments, then, upon losing the arbitration, raise such arguments in federal court.
examined Cited as authority (quoted) Management Registry, Inc. v. A.W. Companies, Inc.
D. Minnesota · 2023 · quote attribution · 1 verbatim quote · confidence low
failure to present an issue before an arbitrator waives the issue in an enforcement proceeding . . . . parties . . . cannot stand by during arbitration, withholding certain arguments, then, upon losing the arbitration, raise such arguments in federal courts.
discussed Cited as authority (quoted) Mirkovich v. Carnival Corporation
S.D. Fla. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence low
judicial review of arbitration awards is narrow because arbitration is intended to be the final resolution of disputes.
discussed Cited as authority (quoted) Altounian Construction, Inc. v. Administrative District Council 1 of Illinois of International Union of Bricklayers and Allied Craftworkers
N.D. Ill. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
failure to present an issue before an arbitrator waives the issue in an enforcement proceeding.
discussed Cited as authority (quoted) Vital Pharmaceuticals, Inc. v. Pepsico, Inc.
S.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence low
failure to present an issue before an arbitrator waives the issue in an enforcement proceeding.
discussed Cited as authority (quoted) Standard Security Life Insurance Company of New York v. FCE Benefit Administrators, Inc.
N.D. Ill. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
failure to present an issue before an arbitrator waives the issue in an enforcement proceeding.
discussed Cited as authority (quoted) Bayer Cropscience Ag v. Dow Agrosciences LLC
Fed. Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
failure to present an issue before an arbitrator waives the issue in an enforcement proceeding.
examined Cited as authority (quoted) Clark County Public Utility District No. 1 v. International Brotherhood of Electrical Workers, Local 125
Wash. · 2003 · quote attribution · 1 verbatim quote · confidence low
arbitrators do not act as junior varsity trial courts where subsequent appellate review is readily available to the losing party. rather, reviewing courts ask only if the arbitrator's award 'draws its essence from the collective bargaining agreement.
discussed Cited as authority (rule) International Union of Operating Engineers, Local 150, AFL-CIO v. Republic Services (2×)
N.D. Ind. · 2026 · confidence medium
“Arbitrators do not act as junior varsity trial courts where subsequent appellate review is readily available to the losing party.” Nat’l Wrecking Co. v. Int’l Bhd. of Teamsters, Loc. 731, 990 F.2d 957, 960 (7th Cir. 1993).
discussed Cited as authority (rule) Elmar Hotel Management, LLC v. UNITE HERE Local 1
N.D. Ill. · 2025 · confidence medium
Finally, Plaintiffs contend Arbitrator Vernon manifestly disregarded the applicable law. “{T]o vacate an arbitration award for manifest disregard of the law, the party challenging the award must demonstrate that the arbitrator deliberately disregarded what the arbitrator knew to be the law in order to reach a particular result.” National Wrecking Co., 990 F.2d at 961.
discussed Cited as authority (rule) Froedtert South Inc v. Stone
E.D. Wis. · 2025 · confidence medium
Co. v. United Steelworkers of Am., 243 F.3d 345 , 346–47 (7th Cir. 2001); Major League Baseball Players Assoc. v. Garvey, 532 U.S. 504, 509 (2001) (per curiam); and Nat’l Wrecking, 990 F.2d at 960)); Standard Sec.
cited Cited as authority (rule) UpHealth Holdings, Inc. v. Glocal Healthcare Systems Private Limited
N.D. Ill. · 2024 · confidence medium
Respondents’ actions as to their contract- and damages-based arguments are the exact kind of “sandbagging” that courts “will not tolerate.” Nat’l Wrecking Co., 990 F.2d at 960.
cited Cited as authority (rule) AIA Corporation v. Something Inked LLC
E.D. Wis. · 2021 · confidence medium
The award on this issue “contains the honest decision of the arbitrator after a full and fair hearing of the parties.” Nat’l Wrecking Co., 990 F.2d at 960.
discussed Cited as authority (rule) Frontier North Inc v. International Brotherhood of Electrical Workers (2×)
N.D. Ind. · 2021 · confidence medium
“Arbitrators do not act as junior varsity trial courts where subsequent appellate review is readily available to the losing party.” Nat’l Wrecking Co., 990 F.2d at 960.
discussed Cited as authority (rule) Catalina Holdings (Bermuda) Limited v. Jennifer Hammer, Director of Insurance of the State of Illinois, as Liquidator of Legion Indemnity Company
N.D. Ill. · 2020 · confidence medium
Instead, the district court need only undertake an objective inquiry into whether the party or his counsel should have known that his position is groundless.” Nat’l Wrecking Co., 990 F.2d at 963 (citations and internal quotation marks omitted); see also Perfection Bakeries, Inc. v. Chauffeurs, Teamsters and Helpers, Local Union No. 414, 105 Fed.
discussed Cited as authority (rule) Research & Development Center \teploenergetika (2×) also: Cited "see"
unknown court · 2016 · confidence medium
Europcar Italia, S.p.A. v. Maiellano Tours, Inc., 156 F.3d 310, 315 (2d Cir.1998) (citing National Wrecking Co., 990 F.2d at 960); see AAOT Foreign Econ, Ass’n (VO) Technostroyexport v. Int’l Dev. & Trade Servs., Inc., 139 F.3d 980, 982 (2d Cir.1998) [hereinafter “AAOT Foreign Econ.
discussed Cited as authority (rule) General Elec. Co. v. Anson Stamping Co. Inc.
W.D. Ky. · 2006 · confidence medium
Accordingly, the courts will not “vacate an arbitration award because the arbitrator made errors of fact or law.” National Wrecking Co. v. International Brotherhood of Teamsters Local 731, 990 F.2d 957, 961 (7th Cir.1993).
examined Cited as authority (rule) Karaha Bodas Co. v. Perusahaan Pertambangan Minyak Dan Gas Bumi Negara (3×)
5th Cir. · 2004 · confidence medium
Europcar Italia, 156 F.3d at 315 ; Nat’l Wrecking Co., 990 F.2d at 960; see James Ford Inc. v. Ford Dealer Computer Serv.
examined Cited as authority (rule) Karaha Bodas Co LLC v. Perusahaan Pertamban (3×)
5th Cir. · 2004 · confidence medium
Corp. v. Bridas Sociedad Anonima Petrolera, Indus. y Comercial, 745 F. Supp. 172, 178 (S.D.N.Y. 1990); see Alghanim, 126 F.3d at 21 ; M & C Corp. v. Erwin Behr GmbH & Co., KG, 87 F.3d 844, 848 (6th Cir. 1996). 27 Europcar Italia, 156 F.3d at 315 ; Nat’l Wrecking Co., 990 F.2d at 960; see James Ford Inc. v. Ford Dealer Computer Serv.
discussed Cited as authority (rule) Butler Mfg Company v. United Steelworkers
7th Cir. · 2003 · confidence medium
In deciding whether an award draws its essence from the parties’ agreement, the reviewing court must do no more than assure itself that “the arbitrator’s interpretation can in some rational manner be derived from the collective bargaining agreement.” Dean, 118 F.3d at 1171 (quoting Nat’l Wrecking, 990 F.2d at 960).
discussed Cited as authority (rule) Butler Manufacturing Company v. United Steelworkers of America, Afl-Cio-Clc and Local 2629, United Steelworkers of America
7th Cir. · 2003 · confidence medium
In deciding whether an award draws its essence from the parties’ agreement, the reviewing court must do no more than assure itself that “the arbitrator’s interpretation can in some rational manner be derived from the collective bargaining agreement.” Dean, 118 F.3d at 1171 (quoting Nat’l Wrecking, 990 F.2d at 960).
discussed Cited as authority (rule) In Re Mercury Finance Co. (2×) also: Cited "see"
Bankr. N.D. Ill. · 2000 · confidence medium
Nat’l Wrecking, 990 F.2d at 960.
examined Cited as authority (rule) Stulberg v. Intermedics Orthopedics, Inc. (4×)
N.D. Ill. · 1998 · confidence medium
Misco, 484 U.S. at 38 (noting that courts do not review claims of legal or factual error by arbitrators as they review lower courts); National Wrecking Co., 990 F.2d at 960 (declining to review errors of fact or law).
cited Cited as authority (rule) Dean v. Sullivan
7th Cir. · 1997 · confidence medium
We will not tolerate such sandbagging.” Nat’l Wrecking Co., 990 F.2d at 960.
cited Cited as authority (rule) Smith v. CB Commercial Real Estate Group, Inc.
S.D. Ind. · 1996 · confidence medium
Pacific Dunlop, 22 F.3d at 118 ; Burda, 2 F.3d at 773 ; National Wrecking, 990 F.2d at 963.
cited Cited as authority (rule) Advance Transportation Co. v. International Brotherhood of Teamsters, Local No. 710
N.D. Ill. · 1996 · confidence medium
National Wrecking, 990 F.2d at 960.
discussed Cited as authority (rule) Bardney v. United States
N.D. Ill. · 1996 · confidence medium
In determining whether a party or attorney violated Rule 11, the court need not “make a finding that the transgressor acted in bad faith.” National Wreckin g Co. v. International Brotherhood of Teamsters, Local 731, 990 F.2d 957, 963 (7th Cir.1993).
discussed Cited as authority (rule) SHEARSON LEHMAN v. Neurosurgical Associates (2×)
S.D. Ind. · 1995 · confidence medium
National Wrecking Co., 990 F.2d at 961.
discussed Cited as authority (rule) A.M. Castle & Co. v. United Steelworkers of America
N.D. Ill. · 1995 · confidence medium
Rule 11 permits sanctions against parties or their attorneys “when they sign a pleading, motion, or other paper that, after reasonable inquiry, is not well grounded in fact and is not warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law” or when they “bring legal action for any improper purpose, such as to harass or needlessly increase the cost of litigation.” National Wrecking Co. v. International Brotherhood of Teamsters, Local 731, 990 F.2d 957, 963 (7th Cir.1993).
discussed Cited as authority (rule) Hayne, Miller & Farni, Inc. v. Flume (2×)
E.D. Wis. · 1995 · confidence medium
National Wrecking Co. v. International Brotherhood of Teamsters, Local 731, 990 F.2d 957, 960 (7th Cir.1993).
discussed Cited as authority (rule) Sullivan v. Lemoncello (2×) also: Cited "see, e.g."
7th Cir. · 1994 · confidence medium
However, we cannot say that this fine was excessive or that it rendered the JAB's June 3, 1992, arbitration award unenforceable because all that is required to uphold an arbitration award is a finding that the "arbitrator's interpretation can in some rational manner be derived from the collective bargaining agreement." Nat'l Wrecking, 990 F.2d at 960.
discussed Cited as authority (rule) Sullivan v. Lemoncello (2×) also: Cited "see, e.g."
7th Cir. · 1994 · confidence medium
However, we cannot say that this fine was excessive or that it rendered the JAB’s June 3, 1992, arbitration award unenforceable because all that is required to uphold an arbitration award is a finding that the “arbitrator’s interpretation can in some rational manner be derived from the collective bargaining agreement.” Nat’l Wrecking, 990 F.2d at 960.
discussed Cited as authority (rule) Yasuda Fire & Marine Insurance v. Continental Casualty Co.
N.D. Ill. · 1993 · confidence medium
And in this instance it must be concluded that the LOC requirement, carefully fashioned as it is in aid of the arbitrators’ ability to provide meaningful relief, and totally lacking any prejudgment of the merits or any inhibition of the parties’ ability to do battle on the merits, indeed “draws its essence from the [reinsurance] agreement^]” (Carpenter Local No. 1027, 2 F.3d at 797 and National Wrecking, 990 F.2d at 960, each quoting from the Enterprise Wheel portion of the Steelworkers Trilogy).
discussed Cited as authority (rule) Carpenter Local No. 1027 v. Lee Lumber And Building Material Corporation (2×) also: Cited "see"
7th Cir. · 1993 · confidence medium
Ethyl Corp. v. United Steel Workers, 768 F.2d 180, 184 (7th Cir.1985); National Wrecking, 990 F.2d at 960.
discussed Cited as authority (rule) Carpenter Local No. 1027, Mill Cabinet-Industrial Division v. Lee Lumber & Building Material Corp. (2×) also: Cited "see"
7th Cir. · 1993 · confidence medium
Ethyl Corp. v. United Steel Workers, 768 F.2d 180, 184 (7th Cir.1985); National Wrecking, 990 F.2d at 960.
cited Cited "see" Philos Technologies, Inc. v. Philos & D, Inc.
7th Cir. · 2015 · signal: see · confidence high
See Nat’l Wrecking Co. v. Int’l Bhd. of Teamsters, Local 731, 990 F.2d 957 , 963 (7th Cir.1993).
discussed Cited "see" Renard v. Ameriprise Financial Services, Inc.
7th Cir. · 2015 · signal: see · confidence high
See Nat’l Wrecking Co. v. Local 731, Int’l Bhd. of Teamsters, 990 F.2d 957 , 960 (7th Cir.1993) (“Arbitrators do not act as junior varsity trial courts where subsequent appellate review' is readily .available to the losing party.”).
discussed Cited "see" Dayton v. Internatl. Assn. of Firefighters, Unpublished Decision (3-23-2007)
Ohio Ct. App. · 2007 · signal: see · confidence high
See National Wrecking Co. v. International Bhd. of Teamsters, Local 731 (C.A. 7, 1993), 990 F.2d 957 ." *Page 5 {¶ 14} R.C. § 2711.10 sets forth narrow grounds upon which a court of common pleas may review an arbitration award.
cited Cited "see" Hicks v. Bank of America, N.A.
10th Cir. · 2007 · signal: see · confidence high
See Nat’l Wrecking Co. v. Int’l Bhd. of Teamsters Local 731, 990 F.2d 957 , 960 (7th Cir.1993) (“Failure to present an issue before an arbitrator waives the issue in an enforcement proceeding.”).
discussed Cited "see" Handel's Ent., Inc. v. Wood, Unpublished Decision (12-22-2005)
Ohio Ct. App. · 2005 · signal: see · confidence high
See National Wrecking Co. v. International Bhd. of Teamsters, Local 731 (C.A. 7, 1993), 990 F.2d 957 ." ASSIGNMENT OF ERROR NUMBER ONE {¶ 21} "THE TRIAL COURT ERRED BY CONFIRMING AND NOT VACATING AN ARBITRATION AWARD THAT IS CONTRARY TO THE EXPRESS TERMS OF THE FRANCHISE AGREEMENT PROVIDING FOR ARBITRATION." {¶ 22} The Woods contend that the common pleas court erred when it failed to vacate the arbitration award because the arbitrators exceeded their power.
discussed Cited "see" Ganton Technologies, Inc. v. International Union, United Automobile, Aerospace And Agricultural Implement Workers Of America, U.A.W., Local 627
7th Cir. · 2004 · signal: see · confidence high
See National Wrecking Co. v. International Broth. of Teamsters, Local 731, 990 F.2d 957 , 960-61 (7th Cir.1993). 18 Ganton claims that, to preserve an argument for presentation in an enforcement proceeding, a party need only present the information that underlies the argument at the arbitration proceeding.
cited Cited "see" Ganton Technologies, Inc. v. International Union, United Automobile, Aerospace and Agricultural Implement Workers
7th Cir. · 2004 · signal: see · confidence high
See National Wrecking Co. v. International Broth. of Teamsters, Local 731, 990 F.2d 957 , 960-61 (7th Cir.1993).
discussed Cited "see" George Watts & Son, Inc. v. Tiffany and Company (2×)
7th Cir. · 2001 · signal: see · confidence high
See National Wrecking Co. v. Teamsters, 990 F.2d 957 (7th Cir. 1993); Health Services Management Corp. v. Hughes, 975 F.2d 1253 (7th Cir. 1992).
cited Cited "see" George Watts & Son v. Tiffany and Company
7th Cir. · 2001 · signal: see · confidence high
See National Wrecking Co. v. Teamsters, 990 F.2d 957 (7th Cir. 1993); Health Services Management Corp. v. Hughes, 975 F.2d 1253 (7th Cir. 1992).
discussed Cited "see" Sandra Pokuta v. Trans World Airlines, Incorporated
7th Cir. · 1999 · signal: see · confidence high
Corp. v. Hughes, 975 F.2d 1253, 1263-64 (7th Cir.1992); see generally National Wrecking Co. v. International Brotherhood of Teamsters, Local 731, 990 F.2d 957, 960-61 (7th Cir.1993); United Food & Commercial Workers Local 100A v. John Hofmeister & Son, Inc., 950 F.2d 1340, 1343-45 (7th Cir.1991); Chicago Newspaper Guild v. Field Enters., Inc., 747 F.2d 1153, 1157-58 (7th Cir.1984).
Retrieving the full opinion text from the archive…
National Wrecking Company, an Illinois Corporation, Plaintiff-Counter and Douglas R. Stevens
v.
International Brotherhood of Teamsters, Local 731, Defendant-Counter
92-2170.
Court of Appeals for the Seventh Circuit.
May 5, 1993.
990 F.2d 957

990 F.2d 957

143 L.R.R.M. (BNA) 2046, 125 Lab.Cas. P 10,679

NATIONAL WRECKING COMPANY, an Illinois corporation,
Plaintiff-Counter Defendant-Appellant,
and
Douglas R. Stevens, Appellant,
v.
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 731,
Defendant-Counter Plaintiff-Appellee.

Nos. 92-2170, 92-2392.

United States Court of Appeals,
Seventh Circuit.

Argued Dec. 11, 1992.
Decided April 7, 1993.
Rehearing and Rehearing En Banc Denied May 5, 1993.

Richard G. Schultz, Douglas R. Stevens (argued), Foran & Schultz, Chicago, IL, for National Wrecking Co., plaintiff-appellant, and Douglas R. Stevens, appellant.

Robert E. Bloch (argued), Dowd & Bloch, Chicago, IL, for International Broth. of Teamsters, Local 731, defendant-appellee.

Before BAUER, Chief Judge, CUMMINGS, Circuit Judge, and GRANT, Senior District Judge.[*]

BAUER, Chief Judge.

[*~957]1

National Wrecking Company ("National") brought suit against the International Brotherhood of Teamsters, Local 731 ("Union") pursuant to the Federal Arbitration Act, 9 U.S.C. § 10, challenging the validity of an arbitration award. The Union counterclaimed seeking enforcement of the arbitration award. The district court granted the Union's motion for summary judgment and enforced the award. 790 F.Supp. 785. The district court also sanctioned National and its counsel and remanded the case to the arbitrator for implementation of the award. For the following reasons, we affirm in part and reverse in part.

I.

2

This case arises out of a labor dispute involving vision, specifically that of Joseph Barnett, a Union truck driver and former National employee. National and the Union were parties to a collective bargaining agreement ("CBA") that required them to follow certain grievance and arbitration procedures whenever disputes occurred. National was also subject to certain Department of Transportation ("DOT") regulations which, among other things, mandated that truck drivers satisfy certain vision requirements. Specifically, the DOT regulations require that Barnett's vision be correctable to 20/40 vision in each eye.[1]

3

On March 8, 1990, National fired Barnett when an ophthalmologist reported that his vision fell short of the DOT requirements. Barnett challenged his dismissal by filing a grievance with the Union. Eventually, pursuant to the CBA, Barnett filed for arbitration. Barnett underwent four eye exams before the arbitration. Two of those exams indicated that Barnett's vision fell below the DOT requirements, while the other two concluded that Barnett's eyesight satisfied the DOT requirements.

4

On January 30, 1991, the arbitrator issued an opinion in which he concluded that he was unable to resolve the question of Barnett's eyesight because of the conflicting evidence. The arbitrator therefore ordered Barnett to undergo another examination. The test was to be performed by a neutral ophthalmologist, who was to submit a "binding opinion" about Barnett's qualifications for reinstatement. Arbitrator's Award at 28, Exhibit 1 to National's Memorandum in Opposition to Motion for Sanctions and Award of Attorneys' Fees, Record Document 39 ("R. Doc. 39"). The arbitrator's opinion also stated that the ophthalmologist was to "issue a final determination on the point in question." Id. The parties were directed to select the ophthalmologist. If they could not agree, the arbitrator himself would select one. After National and the Union failed to agree on an ophthalmologist, the arbitrator appointed Dr. Robert Levine to examine Barnett. Levine tested Barnett and concluded that, although Barnett's right eye was correctable to 20/20 vision, his left eye "does not see every letter in the 20/40 line though his vision ... was better than 20/50." Exhibit 4 to R.Doc. 39. After written and oral communication between the arbitrator and Levine, Levine rendered his final written opinion, dated June 27, 1991, that "[b]ased upon this ophthalmic examination and my review of the United States Department of Transportation vision requirements for truck drivers, I have concluded that Mr. Barnett is visually qualified to perform his truck driving duties." Exhibit 6 to R.Doc. 39. In July of 1991, the arbitrator therefore ordered Barnett reinstated.

5

National refused to reinstate Barnett and filed this lawsuit challenging the arbitrator's award. The district court granted the Union's motion for summary judgment and enforced the award. The district court also sanctioned National and remanded the case to the arbitrator for implementation. National appeals.

II.

A. Standard of Review

6

We review a district court's decision to grant summary judgment de novo and accept all facts and inferences in the light most favorable to the non-moving party. Vukadinovich v. Board of Sch. Trustees, 978 F.2d 403, 408 (7th Cir.1992). We will affirm a district court's decision to grant summary judgment " 'where the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.' " Id. (quoting Fed.R.Civ.P. 56(c)).

[*957]7

Our review of an arbitrator's award which arises out of a collective bargaining agreement is extremely limited. Local 100A v. John Hofmeister and Son, Inc., 950 F.2d 1340, 1343 (7th Cir.1991). Judicial review of arbitration awards is narrow because arbitration is intended to be the final resolution of disputes. Arbitrators do not act as junior varsity trial courts where subsequent appellate review is readily available to the losing party. Rather, reviewing courts ask only if the arbitrator's award "draws its essence from the collective bargaining agreement." United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593, 597, 80 S.Ct. 1358, 1361, 4 L.Ed.2d 1424 (1960). We will uphold an arbitration award so long as the arbitrator's interpretation can in some rational manner be derived from the collective bargaining agreement. Walters Sheet Metal Corp. v. Sheet Metal Workers Local No. 18, 910 F.2d 1565, 1566 (7th Cir.1990). We will not set aside an arbitrator's award for factual or legal errors, as long as the award contains the honest decision of the arbitrator after a full and fair hearing of the parties. Ethyl Corp. v. United Steelworkers of America, 768 F.2d 180, 183 (7th Cir.1985), cert. denied, 475 U.S. 1010, 106 S.Ct. 1184, 89 L.Ed.2d 300 (1986). Our standard of review is the same whether the award arises under Section 301 of the Taft-Hartley Act, 29 U.S.C. § 185 ("Section 301"), as the district court concluded, or under the Federal Arbitration Act, 9 U.S.C. § 10, as National asserts. Ethyl Corp., 768 F.2d at 184.[2] Our decision in this case is therefore not affected by which of these two statutes applies.

8

B. Delegation of the Arbitrator's Decision-making Authority

9

National argues that the arbitration award is invalid because the arbitrator delegated his decision-making authority to the ophthalmologist to decide whether Barnett's vision was satisfactory. The district court held, and we agree, that National has waived this argument because it failed to present it to the arbitrator.

[*957]10

Failure to present an issue before an arbitrator waives the issue in an enforcement proceeding. John Hofmeister, 950 F.2d at 1343-44; Automobile Mechanics Local 701 v. Joe Mitchell Buick, 930 F.2d 576, 578 (7th Cir.1991). Parties, such as National, cannot stand by during arbitration, withholding certain arguments, then, upon losing the arbitration, raise such arguments in federal court. We will not tolerate such sandbagging. John Hofmeister, 950 F.2d at 1344. "Permitting parties to keep silent during arbitration and raise arguments in enforcement proceedings would 'undermine the purpose of arbitration' " which is to provide a fast and inexpensive method for the resolution of labor disputes. Id. at 1345 (citation omitted). See also Chicago Newspaper Guild v. Field Enterprises, Inc., 747 F.2d 1153, 1157 (7th Cir.1984) ("The long-established federal policy of settling labor disputes by arbitration would be seriously undermined if parties kept available information from the arbitrator and then attempted to use the information as a defense to compliance with an adverse award.")

11

National had ample opportunity to object to the arbitrator's use of and reliance on Dr. Levine's opinion. The arbitrator's January 30, 1991 opinion indicated that Levine would submit a binding opinion which would finally determine whether Barnett's eyesight satisfied the DOT regulations. National participated willingly with the arbitrator's decision to rely on Levine. Further, National could have objected to the arbitrator's reliance on Levine at any time between January 30, 1991, when the arbitrator rendered his initial opinion, and July 1991, when the arbitrator issued his final opinion. It did not. National cannot now, after receiving an unfavorable ruling from the arbitrator, object to the arbitrator's decision to rely on Levine. National has waived its delegation argument.

12

C. Alleged Factual and Legal Errors of the Arbitrator

[*~958]13

Next, National contends that the arbitration award must be vacated because it is contradicted by the finding of fact upon which it is based. National also claims that the award, if enforced, forces National to violate federal law and public policy. We will address these two related arguments together.

[*~959]14

Generally, we will not vacate an arbitration award because the arbitrator made errors of fact or law. Burchell v. Marsh, 58 U.S. (17 How.) 344, 348, 15 L.Ed. 96 (1855); Moseley, Hallgarten, Estabrook & Weeden, Inc. v. Ellis, 849 F.2d 264, 272 (7th Cir.1988); Ethyl Corp., 768 F.2d at 183. Federal courts will not vacate an arbitration award merely because the arbitrator misinterpreted applicable law. National R.R. Passenger Corp. v. Chesapeake and Ohio Ry. Co., 551 F.2d 136, 143 (7th Cir.1977). See also Northrop Corp. v. Triad Int'l Marketing S.A., 811 F.2d 1265, 1268-69 (9th Cir.) (courts are bound to enforce an award based upon arbitrator's resolution of disputed issues even in the face of erroneous findings of fact or misinterpretations of law), cert. denied, 484 U.S. 914, 108 S.Ct. 261, 98 L.Ed.2d 219 (1987). This does not mean, however, that every arbitration award will be upheld. When arbitrators demonstrate a manifest disregard for the applicable law, courts will not enforce the award. Health Servs. Management Corp. v. Hughes, 975 F.2d 1253, 1267 (7th Cir.1992). In order for a federal court to vacate an arbitration award for manifest disregard of the law, the party challenging the award must demonstrate that the arbitrator deliberately disregarded what the arbitrator knew to be the law in order to reach a particular result. Id.[3]

[*~960]15

These standards doom National's claim that the arbitration award should be vacated. The evidence of Barnett's eyesight was conflicting. While Levine's report could have been clearer, it did conclude that Barnett's vision satisfied DOT requirements. Given Levine's conclusion, we can only assume that Levine's medical opinion was that Barnett's vision in his left eye was correctable to 20/40. The arbitrator had conflicting evidence, weighed that evidence, then sought further findings from Levine, and finally decided that Barnett's eyesight satisfied the DOT regulations.

[*~961]16

It is clear that the arbitrator's award does not reflect a manifest disregard for the law. After carefully weighing the evidence, particularly Levine's analysis, the arbitrator concluded that Barnett satisfied the DOT's 20/40 vision requirement. The arbitrator's award may be erroneous, but, even if it is, it does not evidence a manifest disregard for the DOT regulations. National has failed to show that the arbitrator deliberately disregarded what he knew to be the law.

17

National cites Electronics Corp. of America v. International Union of Electrical, Radio and Machine Workers, 492 F.2d 1255 (1st Cir.1974), to support its position that the district court erred when it refused to vacate the arbitrator's award. In Electronics Corp., the First Circuit was confronted with a labor dispute where the employer had discharged an employee. There, over the course of several years, the employer had grown increasingly frustrated with the employee. In accordance with the company's disciplinary policies, the employer gave the employee several warnings, both oral and written, and, finally, suspended the employee from work before it fired the employee. The union then filed for arbitration. The arbitrator ordered the employee reinstated because the arbitrator believed--mistakenly--that the employee had not been suspended prior to being discharged. This, the arbitrator concluded, violated "industrial due process." Electronics Corp., 492 F.2d at 1256. The employer sued challenging the award, and the district court granted summary judgment for the union. The issue was whether the arbitrator's award should stand if the central factual determination underlying it--the suspension of the employee--was erroneous. Id. at 1256. The First Circuit reversed and remanded the case, directing the parties to re-submit the issues to arbitration. Id. at 1258. The court found that the arbitrator based his decision on his misunderstanding that the employer had fired the employee without first suspending the employee. Despite the remand, the court cautioned against "the possibility that we may be interpreted as encouraging efforts to subvert the arbitral process" and emphasized that "our holding today is only that where the 'fact' underlying the arbitrator's decision is concededly a non-fact and where the parties cannot fairly be charged with the misapprehension, the award cannot stand." Id. at 1257.

18

Electronics Corp. is distinguishable from this case. Here, all of the facts, though conflicting, were available to the arbitrator. The arbitrator, faced with inconclusive evidence, sought Dr. Levine's aid. When Levine's initial report did not settle the issue, the arbitrator sought further clarification from him. After receiving Dr. Levine's final analysis that Barnett did in fact satisfy the DOT vision requirement, the arbitrator ordered Barnett reinstated.

19

In Electronics Corp., however, the arbitrator reasoned from an incomplete, even erroneous set of facts. The arbitrator's award in that case rested on the arbitrator's mistaken understanding that the employer had not suspended the employee before discharging him. No such mistakes or omissions were made in this case. The arbitrator here had ample evidence upon which to decide the dispute even before seeking Dr. Levine's assistance. Prior to Dr. Levine's examination of Barnett, some evidence supported the conclusion that Barnett's eyesight did not meet DOT regulations, while other evidence suggested that it did. We are not prepared to say that by seeking additional evidence, or by evaluating conflicting evidence, the arbitrator erred so severely that the award should be vacated. We therefore affirm the district court's decision to enforce the arbitrator's award.

III.

20

Finally, National appeals the district court's decision to grant the Union's motion for sanctions and attorneys' fees pursuant to Rule 11 of the Federal Rules of Civil Procedure. The district court sanctioned National because National first acquiesced in the arbitrator's decision to rely on Levine, then, after receiving an unfavorable award, complained about the arbitrator's "delegation." This, the district court concluded--as we do--waived any objection about the use of Levine.

21

Rule 11 authorizes the federal district courts to impose sanctions, including reasonable attorney's fees, upon attorneys or the parties they represent. Parties or their attorneys violate Rule 11 when they sign a pleading, motion, or other paper that, after reasonable inquiry, is not well grounded in fact and is not warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law. Fed.R.Civ.P. 11. Rule 11 is also violated when parties or their attorneys bring legal action for any improper purpose, such as to harass or needlessly increase the cost of litigation. Id.

22

We review a district court's decision to award Rule 11 sanctions for an abuse of discretion. Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405, 110 S.Ct. 2447, 2460, 110 L.Ed.2d 359 (1990); Rush v. McDonald's Corp., 966 F.2d 1104, 1121 (7th Cir.1992); Mars Steel Corp. v. Continental Bank N.A., 880 F.2d 928, 936-37 (7th Cir.1989). Rule 11 does not require that the district court make a finding of bad faith. Local 879, Allied Indus. Workers of America v. Chrysler Marine Corp., 819 F.2d 786, 791 (7th Cir.1987). Instead, the district court need only "undertake an objective inquiry into whether the party or his counsel 'should have known that his position is groundless.' " CNPA v. Chicago Web Printing Pressman's Union No. 7, 821 F.2d 390, 397 (7th Cir.1987) (citations omitted).[4]

23

National's claims in the district court are colorable enough to avoid sanctions for frivolity. Although all of National's arguments are losers, they do not rise to the level of groundlessness required for Rule 11 sanctions. For example, National's argument that the arbitrator's award is based on factual and legal errors is not totally devoid of merit. Dr. Levine's initial report--that Barnett could not see all the letters on the 20/40 line with his left eye, but that his vision was better than 20/50--is sufficiently ambiguous that it is at least arguable that the award rests on a questionable factual basis. Although we reject National's arguments on this and other points, we hold that the district court abused its discretion when it sanctioned National.

IV.

24

We have carefully considered the other arguments raised by the parties and conclude that they lack merit and do not warrant discussion. We affirm the district court's decision to enforce the arbitration award. We reverse the district court's decision to sanction National.

[*~962]25

AFFIRMED IN PART; REVERSED IN PART.

*

The Honorable Robert A. Grant, Senior District Judge for the Northern District of Indiana, is sitting by designation

1

The relevant DOT regulation states in pertinent part:

(b) A person is physically qualified to drive a motor vehicle if that person--

(10) Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses....

29

C.F.R. § 391.41(b)(10)

2

Section 301 governs "[s]uits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce ... or between any such labor organizations." 29 U.S.C. § 185(a). The Federal Arbitration Act lists a variety of situations where a federal district court may vacate an arbitration award. 9 U.S.C. § 10

3

We note also that courts will vacate an arbitrator's award if the complaining party demonstrates that the award was obtained by fraud or other corruption. Hill v. Norfolk and Western Ry. Co., 814 F.2d 1192, 1195 (7th Cir.1987). There is no allegation of fraud or corruption in this case

4

We note also that in suits brought pursuant to statutes that do not authorize an award of attorneys' fees, such as the Federal Arbitration Act and Section 301 of the Taft-Hartley Act, the prevailing party is entitled to attorney's fees if the opponent's suit has no merit or is frivolous, that is, if it is brought in bad faith to harass rather than to win. Chrysler Motors Corp. v. International Union, 959 F.2d 685, 689 (7th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 304, 121 L.Ed.2d 227 (1992); Miller Brewing Co. v. Brewery Workers Local Union No. 9, 739 F.2d 1159, 1167 (7th Cir.1984), cert. denied, 469 U.S. 1160, 105 S.Ct. 912, 83 L.Ed.2d 926 (1985). In this case, the district court awarded sanctions pursuant to Rule 11 only