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Burns International Security Services, Inc. v. International Union, United Plant Guard Workers of America (UPGWA) & its Local 537

Citation: 47 F.3d 14Docket: No. 415, Docket 94-7001

Court: Court of Appeals for the Second Circuit; February 6, 1995; Federal Appellate Court

Narrative Opinion Summary

In this case, a security officer employed at a nuclear power plant under a collective bargaining agreement was terminated by his employer, Burns International Security Services, following an investigation into suspected theft. The agreement required 'just cause' for termination and provided for arbitration of disputes. The Union representing the officer filed a grievance, and an arbitrator ruled that Burns violated the agreement, ordering reinstatement with back pay. Burns sought to vacate the arbitration award in federal court, arguing that the award was not final due to the arbitrator's retention of jurisdiction over back pay issues. However, the court ruled that the award was final and dismissed Burns' petition as untimely under the 30-day statute of limitations of the Connecticut Arbitration Act. The court further noted the limited scope of judicial review of arbitration awards, emphasizing that the award must derive from the collective bargaining agreement. The district court granted summary judgment in favor of the Union, enforcing the arbitration award and affirming that Burns' additional arguments on appeal were without merit.

Legal Issues Addressed

Arbitrator's Interpretation and Just Cause

Application: The arbitrator's decision was based on an interpretation of the 'just cause' and 'lack of work' provisions of the collective bargaining agreement, which Burns could not contest solely based on disagreement with the interpretation.

Reasoning: The arbitrator found that Burns violated the collective bargaining agreement when it terminated Gomez, basing this decision on an interpretation of the agreement’s 'just cause' and 'lack of work' provisions.

Finality of Arbitration Awards

Application: The court determined that the arbitrator's reservation of jurisdiction regarding back pay does not affect the finality of the arbitration award, and thus does not extend the time for filing an appeal.

Reasoning: The reservation of jurisdiction by an arbitrator regarding the oversight of back pay does not impact the finality of the arbitrator’s award, as established by the Seventh Circuit.

Judicial Review of Arbitration Awards

Application: The district court upheld the arbitration award, emphasizing the limited scope of judicial review and the requirement that the award derive its essence from the collective bargaining agreement.

Reasoning: Judicial review of arbitration awards is limited, requiring that the award must derive its essence from the collective bargaining agreement.

Statute of Limitations for Vacating Arbitration Awards

Application: Burns' petition to vacate the arbitration award was dismissed as untimely because it was filed beyond the 30-day statute of limitations set by the Connecticut Arbitration Act.

Reasoning: The court granted the Union's motion for judgment on the pleadings and summary judgment to enforce the award, determining that Burns' petition was filed beyond the thirty-day statute of limitations established by the Connecticut Arbitration Act.

Summary Judgment Standards

Application: Summary judgment was granted because there was no genuine issue of material fact, and the moving party was entitled to judgment as a matter of law.

Reasoning: Summary judgment is appropriate when there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law.