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KENNECOTT UTAH COPPER CORP. v. BECKER

No. 98-4081.

195 F.3d 1201 (1999)

KENNECOTT UTAH COPPER CORPORATION, Plaintiff-Counter-Defendant-Appellant, v. George BECKER; Wayne Holland, Jr.; Tom Perfili; Subdistrict 5 United Steel Workers of America; Local 392 United Steelworkers of America, Defendants-Appellees, and United Steel Workers of America, AFL-CIO, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 29, 1999.

Attorney(s) appearing for the Case

Raymond M. Deeny (William L. Sasz, with him on the brief), Sherman & Howard, L.L.C., Colorado Springs, Colorado, for Plaintiff-Counter-Defendant-Appellant.

David I. Goldman (Rudolph L. Milasich, Jr., Assistant General Counsel and Andrew J. Krafts, Assistant General Counsel, on the brief), United Steelworkers of America, Pittsburgh, Pennsylvania, for Defendants-Appellees.

Before TACHA, and KELLY, Circuit Judges and WEST, District Judge.

PAUL KELLY, Jr., Circuit Judge.

This action involves an employer challenge to the validity of an arbitration award requiring the employer to reinstate an employee who, after an accident, tested positive for marijuana. The union counterclaimed seeking enforcement of the award. The district court granted summary judgment in favor of the union and the employer appeals. Federal jurisdiction exists under § 301 of the Labor-Management Relations Act, 29 U.S.C. §...

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