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UNION PACIFIC RAILROAD COMPANY v. SMART

Nos. 19-3746, 19-3747.

988 F.3d 1014 (2021)

UNION PACIFIC RAILROAD COMPANY, Plaintiff-Appellant, v. INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL, AND TRANSPORTATION WORKERS, (SMART)-TRANSPORTATION DIVISION, Defendant-Appellee, International Association of Sheet Metal, Air, Rail, and Transportation Workers, (SMART)-Transportation Division, Petitioner-Appellee. v. Union Pacific Railroad Company, Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 17, 2021.

Attorney(s) appearing for the Case

Jacquelyn Victoria Clark , Torriano N. Garland , Senior Counsel, Union Pacific Railroad, Law Department, Omaha, NE, Alan Pittler , Cozen & O'Connor, Pittsburgh, PA, Joseph P. Sirbak, II , Cozen & O'Connor, Philadelphia, PA, for Plaintiff-Appellant.

Kevin C. Brodar , SMART — Transportation Division, Shawn M. McKinley , International Association of Sheet Metal, Air, Rail & Transportation, North Olmstead, OH, for Defendant-Appellee.

Before BENTON, ERICKSON, and GRASZ, Circuit Judges.

Union Pacific Railroad Company fired train engineer Matthew Lebsack after he defecated on a train-car connector. An arbitration board reinstated him, citing his lengthy, faithful service record to the company and other mitigating circumstances. Union Pacific sought to vacate the arbitration award in federal court; Lebsack's...

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