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CHEVRON MINING v. UNITED MINE WORKERS OF AMERICA

No. 10-8074.

648 F.3d 1151 (2011)

CHEVRON MINING INC., f/k/a The Pittsburg & Midway Coal Mining Co., Plaintiff-Counter-Defendant-Appellant, v. UNITED MINE WORKERS OF AMERICA LOCAL 1307, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 12, 2011.

Attorney(s) appearing for the Case

Bradley T. Cave , P.C. of Holland & Hart, L.L.P., Cheyenne, WY, for Plaintiff-Counter-Defendant-Appellant.

Arthur R. Traynor III of United Mine Workers of America, Triangle, VA, for Defendant-Counter-Claimant-Appellee.

Before KELLY, BALDOCK, and LUCERO, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Chevron Mining, Inc. ("CMI") appeals from the district court's denial of its motion to vacate an arbitration award reinstating CMI employee John Weston following his termination for just cause by CMI. CMI argues that the arbitrator's decision to reverse CMI's just cause determination based upon "forgivable" rule violations cannot be said to "draw its essence" from the governing collective bargaining agreement and...

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