At page 906 Reviewing procedural fairness in arbitration proceedings14 citing cases“notice of the grievances ... and an opportunity to be heard. they thus received industrial due process.”
- Trs. of the New York City Dist. Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, & Apprenticeship, Journeyman Retraining, Educ. & Indus. Fund; Trs. of the New York City Carpenters Relief & Charity Fund; & Carpenter Contractor All. of Metro. New York v. Everlast Scaffolding, Inc., No. 1:26-cv-00781 (S.D.N.Y. July 7, 2026).Union 657 v. Stanley Structures, Inc., 735 F.2d 903, 906 (5th Cir. 1984)); accord Barron v. Shapiro, No. 25-77, 2026 WL 251659 , at *2 (2d Cir. Jan. 30, 2026) (summary order). iii.
- Quintas v. Granite Constr. Inc., No. 4:22-cv-00662 (S.D. Tex. Feb. 21, 2025).The central question for the Court to consider is “whether the arbitration proceedings were fundamentally unfair.” Forsythe Int'l, S.A. v. Gibbs Oil Co. of Tex., 915 F.2d 1017, 1020 (Sth Cir. 1990) (citing Teamsters, Local Union 657 v. Sta…
- Telecom Bus. Solution, LLC v. Terra Towers Corp., No. 23-144 (2d Cir. Feb. 6, 2024).unpublishedOur review is restricted to determining whether the procedure was fundamentally unfair.”) (quoting Teamsters, Local Union 657 v. Stanley Structures, Inc., 735 F.2d 903, 906 (5th Cir. 1984)).
- Vernon-Hunt v. Guzman, No. 1:20-cv-04755 (S.D.N.Y. Oct. 25, 2021).In short, for vacatur, the arbitrator’s misconduct must have made the procedure “fundamentally unfair.” Tempo Shain Corp., 120 F.3d at 20 (quoting Teamsters, Local Union 657 v. Stanley Structures, Inc., 735 F.2d 903, 906 (5th Cir.1984)).
- Tucker v. Ernst & Young, LLP, 159 So. 3d 1263 (Ala. 2014).publishedOur review is restricted to determining whether the procedure was fundamentally unfair.’ See Teamsters, Local Union 657 v. Stanley Structures, Inc., 735 F.2d 903, 906 (5th Cir.1984); accord Concourse Beauty School, Inc. v. Polakov, 685 F.S…
- Weber v. Merrill Lynch Pierce Fenner & Smith, Inc., 455 F. Supp. 2d 545 (N.D. Tex. 2006).publishedThe question the court asks is “whether the arbitration proceedings were fundamentally unfair.” Forsythe Int'l, S.A. v. Gibbs Oil Co. of Tex., 915 F.2d 1017, 1020 (5th Cir.1990) (citing Teamsters, Local Union 657 v. Stanley Structures, Inc…
- Prestige Ford v. Ford Dealer Comput. Servs., Inc., 324 F.3d 391 (5th Cir. 2003).publishedSee id.; Teamsters, Local Union 657 v. Stanley Structures, Inc., 735 F.2d 903, 906 (5th Cir.1984); Bowles Financial Group, Inc. v. Stifel, Nicolaus & Co., 22 F.3d 1010, 1013 (10th Cir.1994); see also International Union UAW v. Kraft Foods,…
- In the Matter of the Arbitration Between Tempo Shain Corp. Neptune Plus Corp. v. Bertek, Inc., 120 F.3d 16 (2d Cir. 1997).publishedOur review is restricted to determining whether the procedure was fundamentally unfair.” See Teamsters, Local Union 657 v. Stanley Structures, Inc., 735 F.2d 903, 906 (5th Cir.1984); accord Concourse Beauty School, Inc. v. Polakov, 685 F.S…
- Graceman v. Goldstein, 613 A.2d 1049 (Md. Ct. Spec. App. 1992).publishedThis is so because the question to be addressed by a court in determining when an arbitration award is to be vacated for “evident partiality” is “whether the arbitration proceedings were fundamentally unfair.” Forsythe Intern., S.A., v. Gi…
- In re the Arbitration Between New York Typographical Union No. 6 & Printers League Section, 878 F.2d 56 (2d Cir. 1989).published“Our review is restricted to determining whether the procedure was fundamentally unfair”
Show 4 more citing cases
- In the Matter of the Arbitration Between New York Typographical Union No. 6, & Printers League Section of the Ass'n of Graphic Arts, Bar Press Inc., Boro Printing Co., Bowne of New York City, Inc., Drechsel Printing Co., Dynamic Methods Inc., Francis Dreher, Inc., Harbor Press, Inc., Harding & Heal, Inc., Lind Bros., Inc., Linotype Serv., Little Art Graphics, Mrs. Graphics Corp., Metro Tag & Label Co., Inc., Pandick Press, Inc., Primar Typographers, Inc., Pub. Press Rcr, Skillcraft Offset, Inc., Benjamin H. Tyrrel, & Chas P. Young Co., Appeal of Bowne of New York City, Inc., & Pandick Press, Inc., & Chas P. Young Co., 878 F.2d 56 (2d Cir. 1989).published“Our review is restricted to determining whether the procedure was fundamentally unfair”
- IBEW Local No. 573 v. Steen Elec., Inc., 232 F. Supp. 2d 797 (N.D. Ohio 2002).published See Teamsters, Chauffeurs, Warehousemen, Helpers and Food Processors, Local Union 657 v. Stanley Structures, Inc., 735 F.2d 903, 906 (5th Cir.1984).
- Forsythe Int'l, S.A. v. Gibbs Oil Co. of Texas, 915 F.2d 1017 (5th Cir. 1990).publishedSee Teamsters, Local Union 657 v. Stanley Structures, Inc., 735 F.2d 903, 906 (5th Cir.1984).
- United Food & Com. Workers v. Nat'l Tea Co., A/K/A Nat'l Supermarkets of Louisiana, Inc., 899 F.2d 386 (5th Cir. 1990).publishedSee Teamsters, Chauffeurs, Warehousemen, Helpers and Food Processors, Local Union 657 v. Stanley Structures, Inc., 735 F.2d 903, 906 (5th Cir.1984).
At page 905 Arbitrator's authority limited to interpreting collective bargaining agreement10 citing cases“set forth the basic framework for deciding questions concerning the relationship of federal courts to arbitration proceedings”
- in Re: Giant Eagle, Inc., No. 05-15-01292-CV (Tex. App.—Dallas Oct. 23, 2015).publishedNo claim to original U.S. Government Works. 3 003 R330 Associated Air Freight, Inc. v. Meek, Not Reported in S.W.3d (2001) 2001 WL 225516 See Teamsters v. Stanley Structures, Inc., 735 F.2d 903, 905 (5th Cir.1984); Beckham v. William Bayle…
- Brabham v. A.G. Edwards & Sons Inc., 376 F.3d 377 (5th Cir. 2004).published See, e.g., Oil, Chem. & Atomic Workers, Int’l Union, Local No. 1-228 v. Union Oil Co. of Cal, 818 F.2d 437, 440-41 (5th Cir.1987); Teamsters, Chauffeurs, Warehousemen, Helpers and Food Processors, Local Union 657 v. Stanley Structures Inc.…
- Safeway Stores, Inc. v. United Food & Com. Workers Union, 621 F. Supp. 1233 (D.D.C. 1985).publishedTeamsters, Chauffeurs, Warehousemen, Helpers and Food Processors, Local Union 657 v. Stanley Structures, Inc., 735 F.2d 903, 905 (5th Cir.1984); Detroit Coil Company v. International Association of Machinists & Aerospace Workers, Lodge #82…
- Am. Cent. E. Texas Gas Co. v. Union Pac. Resources Grp. Inc., 93 F. App'x 1 (5th Cir. 2004).unpublishedSee Teamsters, Chaffeurs, Warehousemen, Helpers and Food Processers, Local Union v. Stanley Structures, Inc., 735 F.2d 903, 905 (5th Cir.1984).
- Associated Air Freight, Inc. v. Meek, 67 S.W.3d 249 (Tex. App.—Houston [1st Dist.] 2001).publishedSee Teamsters v. Stanley Structures, Inc., 735 F.2d 903, 905 (5th Cir.1984); Beckham v. William Bayley Co., 655 F.Supp. 288, 291-92 (N.D.Tex.1987); Belmont Constmctors, 896 S.W.2d at 356 .
- Babcock & Wilcox Co. v. PMAC, LTD., 863 S.W.2d 225 (Tex. App. 1993).publishedSee Teamsters v. Stanley Structures, Inc., 735 F.2d 903, 905 (5th Cir.1984); Beckham, 655 F.Supp. at 291-92 .
- I.U.O.E. Local 347 v. ARCO Chem. Co., 979 F. Supp. 1094 (S.D. Tex. 1997).published(emphasizing the binding nature of factual and legal determinations made by an arbitrator)
- Rasheed v. Int'l Paper Co., 826 F. Supp. 1377 (S.D. Ala. 1993).publishedSee Smith v. Babcock & Wilcox Co., Refractories Division, 726 F.2d 1562, 1564 (11th Cir.1984); Harris v. Schwerman Trucking Co., 668 F.2d 1204 (11th Cir.1982); see also Teamsters, Chauffeurs, Warehousemen, Helpers and Food Processors, Loca…
- Hoteles Condado Beach, La Concha & Convention Ctr. v. Union De Tronquistas Local 901, 763 F.2d 34 (1st Cir. 1985).publishedDetroit Coil Company v. International Association of Machinists & Aerospace Workers, Lodge No. 82, 594 F.2d 575, 579 (6th Cir.), cert. denied, 444 U.S. 840 , 100 S.Ct. 79 , 62 L.Ed.2d 52 (1979) (citations omitted); see also, e.g., Teamster…
- Drummond Coal Co. v. United Mine Workers of Am., Dist. 20, 748 F.2d 1495 (11th Cir. 1984).published
At page 904 noting that when case first came before the district court, district court had to remand for more express decision by arbitration committee on applicability of certain notice requirements1 citing case
- Kerr-McGee Chem. Corp. v. United Steelworkers, 800 F. Supp. 1405 (N.D. Miss. 1992).published(noting that when case first came before the district court, district court had to remand for more express decision by arbitration committee on applicability of certain notice requirements)
Other citing cases
- Starboard Resources, Inc. v. Henry, 177 A.3d 1168 (Conn. App. Ct. 2017).published
v.
STANLEY STRUCTURES, INC., Defendant-Appellee
When an employer and a union contract that all disputes and controversies that may arise between them shall be settled by arbitration, they do not simply substitute an arbiter for a judge. They adopt a different method of dispute resolution. They alter pretrial procedures, the method of trial, the standards for admissibility of evidence, and the method of rendering a decision, and they limit the scope of judicial review of the arbitration award. Because the district judge vacated an arbitration decision that drew its essence from the collective bargaining agreement, we reverse the judgment and remand for enforcement of the award.
Stanley Structures suspended five employees for alleged gross misconduct during a strike, effective January 27, 1982. After conducting an investigation, the company discharged these five' employees on February 19. The Teamsters, Chauffeurs, Warehousemen, Helpers and Food Processors Local Union objected to both the suspensions and'the discharges. Pursuant to a collective bargaining agreement with Stanley, the union submitted to arbitration the company’s failure to notify it and the employees that the employees would be or had been discharged within five working days of the occurrence of the alleged misconduct. [1]
Article XII of the collective bargaining agreement provides:
The Company may discharge or suspend any employee for service not deemed satisfactory, but in respect to such discharge or suspension the Company shall give at least one (1) warning notice of the complaint against the employee in writing, with a copy to the Union within five (5) working days after the occurrence of the offense upon which the Employer bases the discharge, suspension or warning notice____
No warning notice need be given an employee before discharge if the cause of such discharge is ... gross miscon-duct____ The employees and/or Union shall have all rights of protesting warning letters, suspensions or discharges in accordance with the grievance procedure of this Agreement.
The union asserted before the arbitration committee that, because at least twenty-two days had passed between the time of occurrence of the offenses relied upon as cause for discharge and the actual discharge of the employees and between the event and the date of notice to them and the union, Stanley had breached the five-day promptness requirement imposed by the first paragraph of this provision. The committee agreed and ruled the employees’ discharge improper.
When Stanley refused to comply with the arbitration committee’s ruling, the union sought enforcement of the award. In response to cross-motions for summary judgment, the district court found that the committee “failed to consider whether the notice requirements ... of the agreement were suspended because of the gross misconduct of the employees in question.” The court therefore remanded the case to the arbitration committee for express decision whether the notice requirements of the agreement were applicable to discharges for employee misconduct of the kind alleged. On remand the arbitration commit[*905] tee reaffirmed its earlier decision, explaining:
[UJnder Article XII(12) of the Contract, an employee discharged upon allegations of gross misconduct is not entitled to a prior written warning of the complaint against the employee. However, regardless of the cause for the discharge, the Employer is obligated to submit to the discharged employee and the Union a written notification within five (5) working days after the occurrence of the offense upon which the Employer bases the discharge. It is clear from the facts presented in this case that the Employer did not comply with this latter requirement.
Stanley. still declined to comply with the arbitration award. The union filed a motion to enforce the award; the company filed a motion to vacate it. The district court disagreed with the arbitration committee’s interpretation of Article XII, stating that the committee’s interpretation contravened the express language of the bargaining agreement. It therefore granted Stanley’s motion seeking a vacation of the award and dismissed the case with prejudice.
^
Judicial review in arbitration cases is constricted. In the Steelworkers Trilogy, [2] the Supreme Court set forth the basic framework for deciding questions concerning the relationship of federal courts to arbitration proceedings. “[A]n arbitrator is confined to interpretation and application of the collective bargaining agreement; he does not sit to dispense his own brand of industrial justice____ [His] award is legitimate only so long as it 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, 1428 (1960). “[Interpretation of the collec-five bargaining agreement is a question for the arbitrator. It is the arbitrator’s construction which was bargained for; and so far as the arbitrator’s decision concerns construction of the contract, the courts have no business overruling him because their interpretation of the contract is different from his.” Id., 363 U.S. at 599, 80 S.Ct. at 362, 4 L.Ed.2d at 1429.
Arbitration agreements do not grant arbitrators carte blanche, so federal courts have the power to vacate awards that are arbitrary or capricious. An arbitrator may not disregard or modify plain and unambiguous provisions of the agree-men^' [3] -®s award must have a ^ founda^on reason or lact. International Association of Machinists and Aerospace Workers, District No. 145 v. Modern Air Transport, Inc., 495 F.2d 1241, 1244 (5th Cir.1974). But an award should be enforced so long as it has a basis that is “rationally inferable, if not obviously drawn, from the letter or purpose of the collective bargaining agreement.” Brotherhood of Railroad Trainmen v. Central Georgia Railway Co., 415 F.2d 403, 412 (5th Cir.), cert. denied, 396 U.S. 1008, 90 S.Ct. 564, 24 L.Ed.2d 500 (1969).
The interpretation of the notice requirements of Article XII is for the arbitrator, not the court. The parties bargained for the arbitrator’s decision and agreed to be bound by it. That decision derives its essence from the agreement, which is all that is required. We do not even “parse the reasoning of the arbitrator,” for “that is not within our authority” so long as his decision “was ... based upon the provisions of the collective bargaining agree[*906] ment.” Mason & Hanger-Silas Mason Co. v. Metal Trades Council of Amarillo, 726 F.2d 166, 167 (5th Cir.1984).
The arbitral decision here patently did so. It was not irrational for the committee to read the first paragraph of Article XII as creating two obligations: to give employees a probation-like warning notice of inadequate or improper performance other than gross misconduct and to give employees and their union prompt (i.e., within five days of the catalyst-offense) notice of disciplinary action. [4] It is not fanciful to believe that such a warning enables an employee to mend his ways or suffer the consequences. If an employee engages in gross misconduct, the reasoning might run, he is denied that warning by the second paragraph of Article XII and the employer may terminate him at once. Nevertheless, the employer must discharge the employee and notify him and the union within five days of the offensive conduct. Such prompt notice might prevent the employer from relying upon an occurrence long past as justification for a discharge without warning and thereby enable employees and the union to prosecute grievances before recollections' become stale.
Stanley also complains that the committee did not address all of the issues presented. The committee’s decision rested on an adequate basis. Federal courts do not superintend arbitration proceedings. Our review is restricted to determining whether the procedure was fundamentally unfair. Totem Marine Tug & Barge, Inc. v. North American Towing, Inc., 607 F.2d 649, 651 (5th Cir.1979). The issue presented was substantively arbitrable, in the sense that it was within the contractual jurisdiction of the arbitration committee. Stanley asserts, however, that the dispute was not procedurally arbitrable because the union filed grievances on the employees’ behalf, contrary to a provision of the bargaining agreement that arguably requires the employees themselves to file. This is not a matter of judicial concern. For Stanley had notice of the grievances against it and an opportunity to be heard. It thus received industrial due process. See id.
“[Fjrivolous and wasteful judicial challenge to conscientious and fair arbitration decisions” will not be countenanced. International Association of Machinists and Aerospace Workers, District 776 v. Texas Steel Co., 538 F.2d 1116, 1122 (5th Cir.1976), cert. denied, 429 U.S. 1095, 97 S.Ct. 1110, 51 L.Ed.2d 542 (1977). [5] The district court having found Stanley’s refusal to abide by the award correct, however, we cannot consider a challenge that received the endorsement of a district judge unfounded. We therefore deny the request for attorney’s fees.
Accordingly, the judgment of the district court is reversed and the case is remanded for entry of an order enforcing the arbitration award.
REVERSED AND REMANDED.
. The record is inadequate to determine when the alleged misconduct occurred other than that it preceded the employees’ suspension on January 27. The record is inadequate also to determine whether, how, and when Stanley notified the employees and the union of the suspensions.
. United Steelworkers of America v. American Manufacturing Co., 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403 (1960); United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 80 S.Ct. 1347, 4 L.Ed.2d 1409 (1960); United Steelworkers of America v. Enterprise Wheel and Car Corp., 363 U.S. 593, 80 S.Ct. 1358, 4 L.Ed.2d 1424 (1960).
. Storer Broadcasting Co. v. American Fed'n of Television and Radio Artists, Cleveland Local, 600 F.2d 45, 47 (6th Cir.1979).
. The five-day notice requirement appears in a confusing sentence that begins with reference to discharge and suspension, then addresses warning notice, and finally ends with reference to all three disciplinary actions. The sentence that eliminates notice requirements under circumstances of gross misconduct, by contrast, refers solely to warning notice.
. See also Local No. 370, Bakery, Confectionery and Tobacco Workers International Union of America v. Cotton Bros. Baking Co., 672 F.2d 562, 564 (5th Cir.1982).