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High Concrete Structures Inc. v. United Electrical

filed: July 25, 1989.

HIGH CONCRETE STRUCTURES, INC. OF N.J., PLAINTIFF-APPELLEE,
v.
UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL 166, DEFENDANT-APPELLANTS



On Appeal form the United States District Court for the Eastern District of Pennsylvania (D.C.Civil No.88-3105).

Gibbons, Chief Judge, Mansmann and Aldisert, Circuit Judges.

Author: Gibbons

Opinion OF THE COURT

GIBBONS, Chief Judge

United Electrical, Radio and Machine Workers of America, Local 166 (the union) appeals from a summary judgment in favor of High Concrete Structures, Inc. (the employer) in the employer's suit to vacate the award of an arbitrator. The arbitrator's award resolved in the union's favor a grievance filed on behalf of Pietro Carini with respect to the number of years of credited service to be used in calculating his disability pension. We conclude that the award was within the terms of the parties' submission, and should be enforced. Thus, we will reverse the summary judgment in favor of the employer.

I

The statement of grievance giving rise to the arbitration reads:

[the] Company has violated Section 26 and the Agreement between U.E. Local 166 and High Concrete Structures of N.J. in that it failed to raise the credited service CAP for Disability Pension to 30 years as agreed upon during contract negotiations.

The remedy requested by the Union was that "this situation be corrected immediately with all back monies due for employee's affected by Company's actions." When the grievance was denied by the employer, the union requested arbitration. The employer and the union then stipulated that the arbitrator was to resolve the following issue:

Should the CAP on disability retirement credited years of service be 25 or 30 years?

After a hearing, the arbitrator sustained the Union's grievance, ruling:

The Company shall apply a 30 year CAP to disability retirement and credit employees accordingly for the term of the agreement. Employees who retired on disability who have been affected by the failure of the Company to apply the 30 year CAP in the computation of their pension benefits shall be paid any money due.

The employer then sued to vacate the arbitration award, contending that the arbitrator had exceeded his authority by rewriting ...


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