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JOHNS-MANVILLE SALES v. INTERN. ASS'N OF MACHINISTS

No. 78-2367.

621 F.2d 756 (1980)

JOHNS-MANVILLE SALES CORPORATION, Plaintiff-Appellant, v. INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL LODGE 1609, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 16, 1980.

Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue, John D. O'Brien, Jerry A. Fullmer, Washington, D. C., for plaintiff-appellant.

Crowder, Mattox & Morris, A. Don Crowder, Dallas, Tex., for defendant-appellee.

Before RUBIN and POLITZ, Circuit Judges, and SMITH, District Judge.

ALVIN B. RUBIN, Circuit Judge:

The exemplary doctrine that an employer has a duty to provide a safe working place for its employees is here invoked to induce us to set aside an arbitration award, in direct collision with the principle that a court will not set aside an award that draws its essence from a collective bargaining agreement. Finding that the employer has, by agreement with the union representing its employees, bargained away some of its managerial prerogatives...

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