ASSOCIATED ELEC. CO-OP. v. INTERNATIONAL BROTH.

No. 12-3712.

751 F.3d 898 (2014)

ASSOCIATED ELECTRIC COOPERATIVE, INC., Plaintiff-Appellee v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO. 53, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 14, 2014.

Rehearing and Rehearing En Banc Denied June 20, 2014.


Attorney(s) appearing for the Case

Scott L. Brown , argued, Kansas City, KS, for appellant.

Rick Eugene Temple , argued, Springfield, MO, for appellee.

Before LOKEN, COLLOTON, and BENTON, Circuit Judges.


LOKEN, Circuit Judge.

This appeal presents unusual labor arbitration issues. When an employer and employee enter into a last chance agreement ("LCA") enforcing the employer's drug policy without the union's participation, the employer subsequently invokes the LCA provision mandating discharge in the event of a violation, and the union claims this discipline was contrary to the "just cause" limitation in the grievance and arbitration provisions of the collective bargaining...

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