PACK CONCRETE, INC. v. CUNNINGHAM

Nos. 87-4175, 87-4176.

866 F.2d 283 (1989)

PACK CONCRETE, INC., a corporation, Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, v. Walter T. CUNNINGHAM, and Christopher W. Olmsted, Defendants-Appellees-Cross-Appellants, and Teamsters Local No. 2, a labor organization, Defendant-Counter-Plaintiff-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 18, 1989.


Attorney(s) appearing for the Case

Robert J. Phillips and Robert S. Marcott, Snavely & Phillips, P.C., Missoula, Mont., for Pack Concrete, Inc.

D. Patrick McKittrick, McKittrick Law Firm, P.C., Great Falls, Mont., for Cunningham, Olmsted and Teamsters Local No. 2.

Before NELSON and BEEZER, Circuit Judges, and REA, District Judge.


REA, District Judge:

This appeal involves the validity of a labor arbitration award finding that Pack Concrete, Inc. (Pack) improperly discharged two employees. Pack petitioned the district court to vacate the award, contending that the issue submitted for arbitration was limited solely to questions of layoff and recall, and that the arbitrator therefore exceeded his authority by finding the employees had been discharged. The district court upheld the award. We affirm...

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