1.
Arbitration. Horton Automatics and
the Industrial Division of the Communications Workers of Americathe union that
represented Hortons workersnegotiated a collective bargaining agreement. If
an employees discharge for a workplace-rule violation was submitted to
arbitration, the agreement limited the arbitrator to determining whether the
rule was reasonable and whether the employee had violated it. When Horton
discharged its employee Ruben de la Garza, the union appealed to arbitration.
The arbitrator found that de la Garza had violated a reasonable safety rule, but
was not totally
1.
Arbitration. Horton Automatics and
the Industrial Division of the Communications Workers of Americathe union that
represented Hortons workersnegotiated a collective bargaining agreement. If
an employees discharge for a workplace-rule violation was submitted to
arbitration, the agreement limited the arbitrator to determining whether the
rule was reasonable and whether the employee had violated it. When Horton
discharged its employee Ruben de la Garza, the union appealed to arbitration.
The arbitrator found that de la Garza had violated a reasonable safety rule, but
was not totally convinced that Horton should have treated the violation more
seriously than other rule violations. The arbitrator ordered de la Garza reinstated
to his job. Can a court set aside this order from the arbitrator? Explain. [Horton
Automatics v. The Industrial Division of the Communications Workers of America,
AFL-CIO, 506 Fed. Appx. 253 (5th Cir. 2013)] (See Alternative Dispute
Resolution.)
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