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Southern Council of Industrial Workers, Local 2713 v. Bruce Hardwood Flooring, LLC

Citation: 112 F. App'x 996Docket: No. 04-40482

Court: Court of Appeals for the Fifth Circuit; November 18, 2004; Federal Appellate Court

Narrative Opinion Summary

The judgment of the district court is affirmed based on the arbitrator's determination that Robert's actions did not constitute insubordination, as the evidence only indicated a disrespectful argument with McDaniel, with no finding that Robert physically assaulted McDaniel. The court grants the award the necessary legal deference. The opinion will not be published and is not considered precedent except under specific circumstances outlined in 5th Cir. R. 47.5.4.

Legal Issues Addressed

Definition of Insubordination in Employment Disputes

Application: The arbitrator found that Robert's actions did not amount to insubordination, as the evidence showed only a disrespectful argument rather than a physical assault.

Reasoning: Robert's actions did not constitute insubordination, as the evidence only indicated a disrespectful argument with McDaniel, with no finding that Robert physically assaulted McDaniel.

Non-Precedential Status of Opinions

Application: The opinion is not published and does not serve as precedent, except in specific circumstances outlined by the court's rules.

Reasoning: The opinion will not be published and is not considered precedent except under specific circumstances outlined in 5th Cir. R. 47.5.4.

Standard of Review for Arbitration Awards

Application: The court affirms the district court's judgment by deferring to the arbitrator's determination, emphasizing the legal deference given to arbitration awards.

Reasoning: The court grants the award the necessary legal deference.