Amalgamated Transit Union, Afl-Cio Local Div. 1309 v. Aztec Bus Lines, 654 F.2d 642 (9th Cir. 1981). · Go Syfert
Amalgamated Transit Union, Afl-Cio Local Div. 1309 v. Aztec Bus Lines, 654 F.2d 642 (9th Cir. 1981). Cases Citing This Book View Copy Cite
18 citation events (2 in the last 25 years) across 6 distinct courts.
Strongest positive: Bradford v. Union Pacific Railroad (azd, 2012-06-01) · Strongest negative: Iowa Electric Light and Power Company v. Local Union 204 of the International Brotherhood of Electrical Workers (Afl- Cio) Grievant Don Schott, Local Union 204 of the International Brotherhood of Electrical Workers v. Iowa Electric Light and Power Company (ca8, 1987-12-14)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited "but see" Iowa Electric Light and Power Company v. Local Union 204 of the International Brotherhood of Electrical Workers (Afl- Cio) Grievant Don Schott, Local Union 204 of the International Brotherhood of Electrical Workers v. Iowa Electric Light and Power Company
8th Cir. · 1987 · signal: but see · confidence high
But see Amalgamated Transit Union, AFL-CIO Local Div. 1309 v. Aztec Bus Lines, 654 F.2d 642 (9th Cir.1981) (award reinstating driver who knowingly drove bus with bad brakes upheld over public policy objections). 14 On the other hand, labor awards directing the reinstatement of employees whose acts posed no danger to public health or safety are usually upheld.
discussed Cited "but see" Iowa Electric Light & Power Co. v. Local Union 204 of the International Brotherhood of Electrical Workers
8th Cir. · 1987 · signal: but see · confidence high
But see Amalgamated Transit Union, AFL-CIO Local Div. 1309 v. Aztec Bus Lines, 654 F.2d 642 (9th Cir.1981) (award reinstating driver who knowingly drove bus with had brakes upheld over public policy objections).
cited Cited as authority (rule) Bradford v. Union Pacific Railroad
D. Ariz. · 2012 · confidence medium
Amalgamated Transit Union, AFL-GIO Local Division 1309 v. Aztec Bus Lines, 654 F.2d 642, 644 (1981).
discussed Cited as authority (rule) New Jersey Turnpike Authority v. Local 196, I.F.P.T.E.
N.J. · 2007 · confidence medium
Otherwise, public policy becomes an excuse to set aside an award, “a facile method of substituting judicial for arbitral judgment.” Amalgamated Transit Union AFL-CIO Local Div. v. Aztec Bus Lines, 654 F.2d 642, 644 (9th Cir.1981) (quotation omitted).
discussed Cited as authority (rule) Association of Flight Attendants, Afl-Cio, Plaintiff/counterclaim v. Aloha Airlines, Inc., Defendant/counterclaim (Two Cases)
9th Cir. · 1997 · confidence medium
In Amalgamated Transit Union v. Aztec Bus Lines, 654 F.2d 642, 644 (9th Cir.1981) (per curiam), we enforced an arbitrator's decision to reinstate a bus driver who knowingly drove a bus with faulty brakes because we found there was no statute "which would make it illegal to employ bus drivers who have previously shown bad judgment." Sitting en banc in Stead Motors, we enforced an arbitrator's reinstatement of a mechanic who, in contravention of instructions from his supervisor, recklessly failed properly to tighten lug bolts on the wheels of a car.
discussed Cited as authority (rule) Stead Motors of Walnut Creek v. Automotive MacHinists Lodge No. 1173, International Association of MacHinists and Aerospace Workers (2×)
9th Cir. · 1989 · confidence medium
The case most critical to our decision today is Amalgamated Transit Union v. Aztec Bus Lines, 654 F.2d 642, 643-44 (9th Cir.1981) (per curiam) (“Aztec Bus Lines ”).
discussed Cited as authority (rule) E.I. Dupont De Nemours and Co. v. Grasselli Employees Independent Assoc. Of East Chicago, Inc., Defendant (2×)
7th Cir. · 1986 · confidence medium
Waterside Ocean Navigation Co., Inc. v. International Navigation Ltd., 737 F.2d 150, 152 (2d Cir.1984); Amalgamated Transit Union, AFL-CIO Local Division 1309 v. Aztec Bus Lines, 654 F.2d 642, 644 (9th Cir.1981).
discussed Cited as authority (rule) United States Postal Service v. National Ass'n of Letter Carriers, AFL-CIO
D.D.C. · 1986 · confidence medium
It is well aware of other courts’ admonitions that “[p]ublic policy should not be turned into ‘a facile method of substituting judicial for arbitral judgment^]’ ” Amalgamated Transit Union v. Aztec Bus Lines, 654 F.2d 642, 644 (9th Cir.1981) (citation omitted), and that “[a] court should exercise extreme caution before declaring that an arbitral award violates public policy.” Amalgamated Meat Cutters and Butcher Workmen v. Great Western Food Co., 712 F.2d 122, 124 (5th Cir.1983).
discussed Cited "see" American Postal Workers Union Afl-Cio v. United States Postal Service, San Francisco Bulk Mail Center, Richmond, California (2×)
9th Cir. · 1982 · signal: see · confidence high
See Amalgamated Transit Union v. Aztec Bus Lines, 654 F.2d 642 (9th Cir. 1981) (arbitration award requiring a party to violate the law is against public policy and cannot be enforced); Glendale Manufacturing Co. v. Local No. 520, International Ladies’ Garment Workers’ Union, 283 F.2d 936 (4th Cir. 1960), cert. denied, 366 U.S. 950 , 81 S.Ct. 1902 , 6 L.Ed.2d 1243 (1961) (employer cannot be forced to comply with an arbitration award requiring the commission of an unfair labor practice).
Retrieving the full opinion text from the archive…
AMALGAMATED TRANSIT UNION, AFL-CIO LOCAL DIVISION 1309, Petitioner-Appellee,
v.
AZTEC BUS LINES, Respondent-Appellant
79-3714.
Court of Appeals for the Ninth Circuit.
Aug 27, 1981.
654 F.2d 642
George A. Alspaugh, El Cajon, Cal., for respondent-appellant., Richard D. Proehazka, San Diego, Cal., for petitioner-appellee.
Alarcon, Boochever, Per Curiam, Solomon.
Cited by 12 opinions  |  Published
PER CURIAM.

This is a suit under § 301(a) of the Labor-Management Relations Act, 29 U.S.C. § 185(a) to enforce an arbitration award. Aztec Bus Lines, the employer, refused to obey an arbitrator’s decision ordering the reinstatement of Phillip Mulligan, a bus driver with the company. Aztec’s contention is that the award offends public policy.

Mulligan began working for the company in the fall of 1977. He was involved in a number of accidents and mishaps during his first year of employment, but the arbitrator refused to consider all but one of these incidents as a basis for imposing sanctions against Mulligan. In his opinion he stated that

[N]o formal procedures to investigate and determine responsibility for accidents apparently existed. Until reasonable procedures are implimented [sic] to effectuate the above, the Employer will, in my opinion, face a most difficult time in any future arbitration of this type.

Such procedures are required by the collective bargaining agreement between the Union and company.

The one properly documented incident occurred on August 31, 1978, when Mulligan drove a bus with faulty brakes which, according to his testimony, caused it to “dive and rock.” Mulligan was aware of company procedures for taking faulty equipment out of operation. He was also advised by a patrolman not to drive the bus if there was any question as to its safety. Nevertheless, he continued to operate the bus. The arbitrator found that Mulligan “exhibited extremely poor judgment.” The arbitrator concluded, however, that the August 31 in[*644] cident, standing by itself, did not warrant dismissal. Instead, he ordered a two-week suspension without pay.

The district court granted summary judgment in favor of the union thus confirming the award of the arbitrator.

We have found only one federal case which might support reversal of this arbitral decision on public policy grounds. In General Teamsters, Local Union 249 v. Consolidated Freightways, 464 F.Supp. 346 (W.D.Pa.1979), the court reversed an arbitration award that had specifically sanctioned breaking Pennsylvania’s Motor Vehicle Code. An employee had been ordered to drive a truck without mud flaps and another had been directed to drive an improperly licensed vehicle. Both are offenses under Pennsylvania law. After complying, the employees filed grievances against the company for requiring them to drive in violation of law. The arbitration panel ruled in favor of the company because the employer had agreed to pay any fines if the driver was caught. The court concluded that “upholding the [company’s] right to compel its employees to violate [the] law are plainly contrary to public policy and will be vacated.” 464 F.Supp. at 349.

We agree that forcing a party to a collective bargaining agreement to break the law is against public policy, but no California statute has been called to our attention which would make it illegal to employ bus drivers who have previously shown bad judgment. Furthermore, the arbitrator did not approve of Mulligan’s behavior. He merely concluded that, under the circumstances, a two week suspension without pay rather than outright dismissal was an adequate sanction. Even if we agreed with the employer that a more severe sanction was appropriate, we are not permitted to review the merits of an arbitral award. United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593, 596, 80 S.Ct. 1358, 1360, 4 L.Ed.2d 1424 (1960). Public policy should not be turned into “a facile method of substituting judicial for arbitral judgment.” Dunau, Three Problems in Labor Arbitration, 55 Va.L.Rev. 427, 446 (1969). Consequently the decision of the district court is AFFIRMED.