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SAN JUAN COAL v. INTERN. UNION OF OPERATING ENG'RS

No. 11-2071.

672 F.3d 1198 (2012)

SAN JUAN COAL COMPANY, Plaintiff-Appellee, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 953, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 6, 2012.

Attorney(s) appearing for the Case

Shane Youtz ( Marianne Bowers with him on the briefs), Youtz & Valdez, P.C., Albuquerque, NM, for Defendant-Appellant.

Patrick Richard Scully ( Matthew M. Morrison with him on the briefs), Sherman & Howard L.L.C., Denver, CO, for the Plaintiff-Appellee.

Before LUCERO, McKAY, and TYMKOVICH, Circuit Judges.

LUCERO, Circuit Judge.

An arbitrator's interpretation of an agreement, even one that is flawed or based on questionable findings of fact, is due the utmost judicial deference. It matters not that a reviewing court might offer a more cogent reading of the agreement; the arbitrator's interpretation must be upheld wholly unless it is without any textual basis.

San Juan Coal Company ("San Juan") and the International Union of Operating Engineers, Local 953 entered...

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