HOUSTON LIGHTING & POWER CO. v. I.B.E.W.

No. 94-20693.

71 F.3d 179 (1995)

The HOUSTON LIGHTING & POWER COMPANY, f/k/a Utility Fuels Inc., a/k/a Houston Industries Inc., Plaintiff-Appellant, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 66, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 11, 1995.


Attorney(s) appearing for the Case

L. Chapman Smith, Matthew P. Eastus, Baker & Botts, Houston, TX, for appellant.

Robert Wilson Rickard, Swearingen, Clark & Moore, Houston, TX, for appellee.

Before LAY, DUHÉ and DeMOSS, Circuit Judges.


DeMOSS, Circuit Judge:

In an action to set aside an arbitration award, we face the recurring question of whether an arbitrator exceeded his authority by failing to draw the essence of his decision from the terms of the parties' collective bargaining agreement. The district court found that the arbitrator did not exceed his authority and summary judgment was entered in favor of Defendant. For the following reasons, we reverse and vacate.

BACKGROUND

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