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EBERHARD FOODS, INC. v. HANDY

No. 88-1294.

868 F.2d 890 (1989)

EBERHARD FOODS, INC., Plaintiff-Appellee, v. Jerome HANDY and Local 406, International Brotherhood of Teamsters, Chauffers, Warehousemen and Helpers of America, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 1, 1989.

Attorney(s) appearing for the Case

Marshall W. Grate, Fort Wayne, Ind., for plaintiff-appellee.

Michael L. Fayette (argued), Pinsky, Smith, Fayette, Soet & Hulswit, Grand Rapids, Mich., for defendants-appellants.

Before MERRITT and MILBURN, Circuit Judges and LIVELY, Senior Circuit Judge.

MERRITT, Circuit Judge.

The issue in this labor/management § 301 case is whether the just cause provision of the collective bargaining agreement ("CBA") between Eberhard Foods, Inc. ("Eberhard") and Teamsters Local 406 ("Union") allows the arbitrator to weigh considerations of fairness when reviewing the penalty imposed by Eberhard for violation of work rules agreed to by the Union and Eberhard. Because we believe that the arbitrator has such authority, we reverse...

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