Container Prods., Inc. v. United Steelworkers of Am., & Its Local 5651, 873 F.2d 818 (5th Cir. 1989). · Go Syfert
Container Prods., Inc. v. United Steelworkers of Am., & Its Local 5651, 873 F.2d 818 (5th Cir. 1989). Cases Citing This Book View Copy Cite
62 citation events (22 in the last 25 years) across 13 distinct courts.
Strongest positive: Garland Symphony Orchestra Association Inc v. Dallas-Fort Worth Professional Musicians Association (txnd, 2025-03-07)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Garland Symphony Orchestra Association Inc v. Dallas-Fort Worth Professional Musicians Association (2×) also: Cited as authority (rule)
N.D. Tex. · 2025 · quote attribution · 1 verbatim quote · confidence high
vacation or modification of an arbitration award is clearly proper where the arbitrator has exceeded his authority.
examined Cited as authority (verbatim quote) E.I. DuPont de Nemours and Co. v. Local 900 of Intern. Chemical Workers Union, AFL-CIO (3×) also: Cited as authority (rule)
5th Cir. · 1992 · quote attribution · 1 verbatim quote · confidence high
just cause
examined Cited as authority (verbatim quote) E.I. Dupont De Nemours and Company, Plaintiff-Counter v. Local 900 of the International Chemical Workers Union, Afl-Cio, Defendant-Counter (3×) also: Cited as authority (rule)
5th Cir. · 1992 · quote attribution · 1 verbatim quote · confidence high
just cause
cited Cited as authority (rule) United Steelworkers v. Manville
N.D. Tex. · 2024 · confidence medium
Container Prods., Inc. v. United Steelworkers of Am., 873 F.2d 818, 820 (5th Cir.1989).
discussed Cited as authority (rule) Hannie Development Inc v. Colonial Oaks Assisted Living Lafayette L L C
W.D. La. · 2019 · confidence medium
No. 1, 611 F.2d 580, 583 (5th Cir. 1980). “[F]ederal courts are free to scrutinize the award to ensure that the arbitrator acted in conformity with the jurisdictional prerequisites of the collective bargaining agreement...Where an arbitrator exceeds his contractual authority, vacation or modification of the award is an appropriate remedy.” Delta Queen Steamboat Co. v. Dist. 2 Marine Engineers Beneficial Ass'n, AFL-CIO, 889 F.2d 599, 602 (5th Cir. 1989), citing Container Prods., Inc. v. United Steelworkers of Am., 873 F.2d 818, 820 (5th Cir.1989).
discussed Cited as authority (rule) Horton Automatics v. Industrial Division of the Communications Workers of America
5th Cir. · 2013 · confidence medium
The union notes that an arbitrator’s authority is granted both by the parties’ agreement to arbitrate and by their submission agreement. 2 The problem with the union’s position is that cause and just cause are synonymous in the context of labor arbitration, despite the latter’s modifier. 3 In Container Products, Inc. v. United Steelworkers of America, 873 F.2d 818, 818-20 (5th Cir.1989), for example, the contract required a showing of “proper cause,” the parties submitted the issue of whether the company had “just cause,” and the arbitrator found evidence of “cause” and imp…
cited Cited as authority (rule) Kaliroy Produce Co. v. Pacific Tomato Growers, Inc.
D. Ariz. · 2010 · confidence medium
Inc. v. United Steelworkers, 873 F.2d 818, 819 (5th Cir.1989).
discussed Cited as authority (rule) Continental Airlines, Inc. v. Air Line Pilots Ass'n, International
5th Cir. · 2009 · confidence medium
Unlike in American Eagle Airlines, Inc. v. Air Line Pilots Ass’n, International, 343 F.3d 401, 405 (5th Cir.2003), and Container Products, Inc. v. United Steelworkers, Local 5651, 873 F.2d 818, 819-20 (5th Cir.1989), the SBA in the instant case need not have made an implicit finding of just cause because the CBA provision, “give those circumstances fair consideration,” can be read as part of the just-cause inquiry. 35 .
cited Cited as authority (rule) Collins v. D.R. Horton, Inc.
D. Ariz. · 2005 · confidence medium
Inc. v. United Steelworkers, 873 F.2d 818, 819 (5th Cir.1989).
discussed Cited as authority (rule) Smith v. Transport Workers Union, Air Transport Local 556
5th Cir. · 2004 · confidence medium
The same is true under federal law. 9 U.S.C.A. § 10 (a)(4) (district court "may make an order vacating the award ... where the arbitrators exceeded their powers”); Container Prods., Inc. v. United Steelworkers of America, and its Local 5651, 873 F.2d 818, 820 (5th Cir.1989) ("[V]acation or modification of an arbitration award is clearly proper where the arbitrator has exceeded his authority.”)
discussed Cited as authority (rule) American Eagle Airlines, Inc. v. Air Line Pilots Ass'n International (2×)
5th Cir. · 2003 · confidence medium
Rather, we are free to scrutinize an arbitrator's award "to ensure that the arbitrator acted in conformity with the jurisdictional prerequisites of the collective bargaining agreement." Delta Queen Steamboat Co. v. District 2 Marine Engineers Beneficial Ass'n, AFL-CIO, 889 F.2d 599, 602 (5th Cir.1989) (citing Container Prods., Inc. v. United Steelworkers of Am., 873 F.2d 818, 820 (5th Cir.1989)).
discussed Cited as authority (rule) Marshall Durbin v. United Food & Cmercl
5th Cir. · 2001 · confidence medium
Workers Union, 968 F.2d 456, 458 (5th Cir. 1992). 2 See id.; Delta Queen Steamboat Co. v. Dist. 2 Marine Eng'rs Beneficial Ass'n, 889 F.2d 599, 602 (5th Cir. 1989); Container Products, Inc. v. United Steelworkers of America, 873 F.2d 818, 819-20 (5th Cir. 1989). 2
cited Cited as authority (rule) I.U.O.E. Local 347 v. ARCO Chemical Co.
S.D. Tex. · 1997 · confidence medium
See Delta Queen, 889 F.2d at 604 ; Container Prods., Inc. v. United Steelworkers of America, 873 F.2d 818, 820 (5th Cir.1989).
discussed Cited as authority (rule) Houston Lighting & Power Company v. International Brotherhood Of Electrical Workers, Local Union No. 66
5th Cir. · 1995 · confidence medium
Container Products, Inc. v. United Steelworkers of America, and its Local 5651, 873 F.2d 818, 820 (5th Cir.1989). 18 In disagreeing with the supervisor's evaluation of Thornal, the arbitrator stated, in relevant part: 19 The Arbitrator routinely hears annual appraisal grievances in the federal public sector.
discussed Cited as authority (rule) Houston Lighting & Power Co. v. International Brotherhood of Electrical Workers, Local Union No. 66 (2×)
5th Cir. · 1995 · confidence medium
Container Products, Inc. v. United Steelworkers of America, and its Local 5651, 873 F.2d 818, 820 (5th Cir.1989).
discussed Cited as authority (rule) Gulf Coast Industrial Workers v. Exxon Chemical Americas (2×)
S.D. Tex. · 1994 · confidence medium
Container Prods., Inc. v. United Steelworkers of Am., 873 F.2d 818, 820 (5th Cir.1989). “[T]he rule in this circuit, and the emerging trend among other courts of appeals, is that arbitral action contrary to express contractual provisions will not be respected.” Delta Queen, supra, 889 F.2d at 604 .
cited Cited as authority (rule) Fed. Sec. L. Rep. P 98,372 Executone Information Systems, Inc. v. Lloyd K. Davis
5th Cir. · 1994 · confidence medium
Delta Queen, 889 F.2d at 604 ; Container Prods., Inc. v. United Steelworkers of Am., Local 5651, 873 F.2d 818, 819-20 (5th Cir.1989). b.
discussed Cited as authority (rule) Kline v. O'QUINN (2×)
Tex. App. · 1994 · confidence medium
The Babcock & Wilcox Co. v. PMAC, 863 S.W.2d 225, 230 (Tex.App.—Houston [14th Dist.] 1993, writ pending) (citing Container Prods., Inc. v. United Steelworkers of Am. and Its Local 5651, 873 F.2d 818, 819-20 (5th Cir. 1989)).
discussed Cited as authority (rule) Sullivan, Long & Hagerty, Inc. v. Local 559 Laborers' International Union of North America
11th Cir. · 1993 · confidence medium
Accord Delta Queen Steamboat Co. v. District 2 Marine Engineers, 889 F.2d 599, 604 (5th Cir.1989), ce rt. denied, — U.S.-, 111 S.Ct. 148 , 112 L.Ed.2d 114 (1990); Container Products, Inc. v. United Steelworkers, 873 F.2d 818, 820 (5th Cir.1989).
discussed Cited as authority (rule) Sullivan, Long & Hagerty, Inc. v. Local 559 Laborers' International Union Of North America
11th Cir. · 1993 · confidence medium
Accord Delta Queen Steamboat Co. v. District 2 Marine Engineers, 889 F.2d 599, 604 (5th Cir.1989), cert. denied, --- U.S. ----, 111 S.Ct. 148 , 112 L.Ed.2d 114 (1990); Container Products, Inc. v. United Steelworkers, 873 F.2d 818, 820 (5th Cir.1989) Under certain narrow circumstances, this court has also vacated the decision of an arbiter on the ground that the award is arbitrary and capricious.
cited Cited as authority (rule) United States Postal Service v. American Postal Workers Union, Afl-Cio
5th Cir. · 1991 · confidence medium
Beneficial Ass’n, 889 F.2d 599, 602 (5th Cir.1989), cert. denied, — U.S. -, 111 S.Ct. 148 , 112 L.Ed.2d 114 (1990); Container Prods., Inc. v. United Steelworkers, 873 F.2d 818, 820 (5th Cir.1989).
discussed Cited as authority (rule) Forsythe International, S.A. v. Gibbs Oil Company of Texas
5th Cir. · 1990 · confidence medium
See, e.g., Folger Coffee Co. v. International Union, Local 1805, 905 F.2d 108, 110-12 (5th Cir.1990) (implicitly reviewing de novo whether award drew essence from collective bargaining agreement); Antwine, 899 F.2d at 412-13 (implicitly reviewing de novo district court’s refusal to vacate award based on panel’s alleged noncompliance with securities arbitration rules); Delta Queen Steamboat Co. v. District 2 Marine Eng’rs Beneficial Ass ’n, 889 F.2d 599, 602 (5th Cir.1989) (expressly reviewing de novo whether award grounded in collective bargaining agreement), cert. denied, — U.S. -, …
discussed Cited as authority (rule) The Delta Queen Steamboat Company v. District 2 Marine Engineers Beneficial Association, Associated Maritime Officers, Afl-Cio and Philip Ritchie (2×)
5th Cir. · 1989 · confidence medium
Container Prods., Inc. v. United Steelworkers of Am., 873 F.2d 818, 820 (5th Cir.1989).
discussed Cited "see" Floors v. UBC, Southern Council of Industrial Workers, Local Union No. 2713
5th Cir. · 1997 · signal: see · confidence high
See Container Prods., Inc. v. United Steelworkers of Am., and its Local 5651, 873 F.2d 818, 820 (5th Cir.1989) (affirming district court order vacating remedy imposed by arbitrator and reinstating discharge).
discussed Cited "see" Bruce Hardwood Floors, Division of Triangle Pacific Corporation v. Ubc, Southern Council of Industrial Workers, Local Union No. 2713, Ubc, Southern Council of Industrial Workers, Local Union No. 2713 v. Bruce Hardwood Floors, a Division of Triangle Pacific Corporation
5th Cir. · 1997 · signal: see · confidence high
See Container Prods., Inc. v. United Steelworkers of Am., and its Local 5651, 873 F.2d 818, 820 (5th Cir.1989) (affirming district court order vacating remedy imposed by arbitrator and reinstating discharge).
cited Cited "see" Babcock & Wilcox Co. v. PMAC, LTD.
Tex. App. · 1993 · signal: see · confidence high
See Container Products, Inc. v. United Steelworkers of Am., and Its Local 5651, 873 F.2d 818, 819-20 (5th Cir.1989).
discussed Cited "see" BRUCE HARDWOOD FLOORS, DIVISION OF TRIANGLE PACIFIC CORPORATION v. UBC, SOUTHERN COUNCIL OF INDUSTRIAL WORKERS, LOCAL UNION
unknown court · signal: see · confidence high
See Container Prods., Inc. v. United Steelworkers of Am., and its Local 5651, 873 F.2d 818, 820 (5th Cir.1989) (affirming district court order vacating remedy imposed by arbitrator and reinstating discharge).
discussed Cited "see, e.g." Heritage Organization, L.L.C. v. Canada (In Re Heritage Organization, L.L.C.)
Bankr. N.D. Tex. · 2005 · signal: see also · confidence medium
If an arbitration panel exceeds its authority, it provides grounds for a court to vacate that aspect of its decision. 374 F.3d at 375 ; see also Container Prods., Inc. v. United Steelworkers of America, and its Local 5651, 873 F.2d 818, 820 (5th Cir.1989)(“[M]odification of an arbitration award is clearly proper where the arbitrator has exceeded his authority.”).
discussed Cited "see, e.g." VAW of America, Inc. v. United Steelworkers of America
N.D.N.Y. · 1999 · signal: see also · confidence medium
For example, the arbitration agreement could provide that “[t]he only question which may be the subject of a ‘grievance’ is whether or not the disciplined employee did or did not engage in the specific conduct which resulted in the disciplinary action.” First Nat’l Supermarkets, Inc., 118 F.3d at 897 (quoting General Drivers, Warehousemen & Helpers Local Union 968 v. Sysco Food Servs., 838 F.2d 794, 796 (5th Cir.1988)); see also Container Prods., Inc. v. United Steelworkers of Am., Local 5651, 873 F.2d 818, 819 (5th Cir.1989) (arbitrator had no authority to alter the disciplinary act…
Retrieving the full opinion text from the archive…
CONTAINER PRODUCTS, INC., Plaintiff-Appellee,
v.
UNITED STEELWORKERS OF AMERICA, AND ITS LOCAL 5651, Defendants-Appellants
87-3932.
Court of Appeals for the Fifth Circuit.
May 30, 1989.
873 F.2d 818
1989 U.S. App. LEXIS 7486
Rudolph L. Milasich, Jr., Pittsburgh, Pa., Patricia Guthrie Fraley, Birmingham, Ala., for defendants-appellants., Cornelius R. Heusel, Kullman, Inman, Bee & Downing, S. Mark Klyza, New Orleans, La., for plaintiff-appellee.
Rubin, Politz, Johnson.
Cited by 39 opinions  |  Published
JOHNSON, Circuit Judge:

This case focuses on the limited power of a court to exercise authority over an arbitration award. The line of events bringing this case before us commenced in January of 1987, when Pascal J. Barone, III (the grievant-employee), was training a new employee at Container Products, Inc. (the Company). After a dispute [1] between a foreman and Barone concerning the type of work which Barone should be performing, Barone was discharged. The United Steelworkers of America and its Local 5651 (the Union), filed a grievance on Barone’s behalf. The Company and the Union agreed to forego any preliminary steps and proceed directly to arbitration.

The arbitrator, despite an implicit finding of just cause for dismissal, reinstated Bar-one and ordered other relief. The district court, finding that the arbitrator had exceeded his authority, vacated the portion of the award that fashioned a remedy and reimposed the discharge.

I. ARBITRATOR’S AWARD

The Company and the Union are parties to a Collective Bargaining Agreement which provides in pertinent part that “[sjhould it be determined by the arbitrator that an employee has been suspended or discharged for proper cause therefor, the arbitrator shall not have jurisdiction to[*819] modify the degree of discipline imposed by the Company.” Prior to arbitration, the parties stipulated that the issue before the arbitrator inquired into whether there was “just cause for the discharge of Pascal J. Barone, III? If not, what shall be the remedy?”.

The arbitrator, without specifically determining the existence, vel non, of just or proper cause, ordered Barone reinstated without any backpay except for the crediting of seniority earned by him at the time of his discharge. The arbitrator additionally required that Barone be placed on probation for ninety work days from the date of reinstatement, and that he submit to a physical examination, at the Company’s request and expense, for the purpose, inter alia, of revealing the use of controlled substances.

Following the imposition of this order, the Company filed an action in federal district court seeking to vacate the arbitrator’s award insofar as it modified the discipline imposed by the Company. The Union counterclaimed for enforcement of the arbitrator’s award. Both parties moved for summary judgment, which the district court granted in the Company’s favor. The district court, reasoning that the arbitrator exceeded his authority because he modified the discipline imposed by the Company despite a finding that the Company had just or proper cause to discharge Barone, vacated the portion of the arbitrator’s award fashioning a remedy, and reinstated the discharge. From this order, the Union appeals.

II. THE SCYLLA AND CHARYBDIS

It is well-settled that arbitration awards are peculiarly insulated from judicial review. “Because the parties have contracted to have disputes settled by an arbitrator chosen by them rather than by a judge, it is the arbitrator’s view of the facts and of the meaning of the contract that they have agreed to accept.” [2] Consequently, the Supreme Court long ago determined that so long “as the arbitrator’s award ‘draws its essence from the collective bargaining agreement,’ and is not merely ‘his own brand of industrial justice,’ the award is legitimate.” [3] Simply put, the courts have limited power to review the merits of an arbitration award.

At essence in the case sub judice, however, is not the merits of the award, but the jurisdiction of the arbitrator. The contract clearly states that the arbitrator has jurisdiction to alter the disciplinary action imposed by the Company only if the arbitrator first makes a determination that the Company did not have just cause to impose discipline on the employee. The issue submitted to the arbitrator reflects this situation: as a prerequisite for altering the remedy imposed, the arbitrator must determine that no just cause for the discharge existed.

The arbitrator did in fact alter the remedy; however, he made no clear finding as to the existence or nonexistence of just cause. Our problem, then, is whether we should infer from the result alone that the arbitrator found the prerequisites necessary for his assumption of jurisdiction. We conclude that such an approach is not warranted. Rather, an examination of the entire opinion entered by the arbitrator mandates our conclusion that the arbitrator implicitly found the existence of just cause for dismissal. Consequently, the arbitrator’s alteration of the remedy imposed by the Company constituted an ultra vires act.

The Supreme Court, in United Paper-workers, has stressed that the amount of deference given to an arbitrator’s determination is great.

[A]s long as the arbitrator is even arguably construing or applying the contract and acting within the scope of his authority, that a court is convinced he committed serious error does not suffice to overturn his decision. [4]

The Union would have us interpret this language to indicate that because the arbitrator’s remedy can, arguably, be con[*820] strued as a finding of no just cause, the district court erred in holding that the arbitrator exceeded his authority. We, however, construe the Supreme Court’s language as an admonition concerning the merits of the controversy rather than any jurisdictional prerequisites imposed by the arbitration agreement. We make this interpretation in light of the fact that vacation or modification of an arbitration award is clearly proper where the arbitrator has exceeded his authority. [5] In this case, the arbitrator has, in fact, exceeded his authority. We base this conclusion on the implicit finding of just cause for dismissal apparent from the arbitrator’s order. [6]

Specifically, the arbitrator noted that “there was no reason for the Grievant to refuse to do the work.... The evidence is that good labor relations have existed in this plant and the Grievant’s actions, words, gestures and attitude were destructive and disruptive to such good labor relations.” Further, the arbitrator noted that “evidence of cause for discharge ... has been presented by the Company.”

Despite finding that just cause for the dismissal existed, the arbitrator imposed an alternative remedy based on the following rationale:

There is a school of thought among arbitrators that if cause is found for the discipline assessed, then that discipline may not be overturned although it may be modified. On the other hand, there is a school of thought among arbitrators that despite a showing of cause for the discipline assessed, it may well serve the interests of the parties and promote good labor relations by providing an alternative remedy. [7]

This language seems to indicate that the arbitrator was following a school of thought allowing either modification or revision of the remedy even in a situation where just cause had been determined. This is contrary to the contract entered into between the parties. Because just cause for dismissal was found to exist, the arbitrator had no jurisdiction to assess an alternative remedy or impose a modification.

III. CONCLUSION

The arbitrator in this case clearly exceeded his authority. Consequently, we affirm the district court’s order vacating the remedy imposed by the arbitrator and reinstating the discharge.

AFFIRMED.

1

. During the dispute, Barone responded with various obscenities.

2

. United Paperworkers International v. Misco, 484 U.S. 29, 108 S.Ct. 364, 370, 98 L.Ed.2d 286 (1987).

3

. Id. (quoting Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593, 596, 80 S.Ct. 1358, 1360, 4 L.Ed.2d 1424 (1960)).

6

. It should not be necessary for the reviewing court to sift through an ambiguous and unclear award to reach a determination of whether the jurisdictional prerequisite has been satisfied. The deference that is due an arbitration award can be said to conflict with a court’s ability to vacate an award which was rendered beyond the scope of the arbitrator's power. The conflicting forces of deference to the arbitrator and respect for jurisdictional requirements are posed for conflict in a case such as this where, although we are confident that the arbitrator implicitly found just cause for dismissal, a clear and concise statement to that effect would have avoided the significant usurpation of this Court’s time.

7

. Arbitration Order and Award at 14-15.