Question

Horton automatics and the industrial division of the communications workers of america—the union that represented horton's workers—negotiated a collective bargaining agreement. if an employee's discharge for a workplace-rule violation was submitted to arbitration, the agreement limited the arbitrator to determining whether the rule was reasonable and whether the employee had violated it. when horton discharged its employee, ruben de la garza, the union appealed to arbitration. the arbitrator found that de la garza had violated a reasonable safety rule, but "was not totally convinced" that horton should have treated the violation more seriously than other rule violations. the arbitrator ordered de la garza reinstated to his job. can a court set aside this order from the arbitrator?

Answer 1

Based on the scenario, an arbitration happens in the court order if both parties has an agreement to a dispute and based on the scenario, the arbitration occurred because of the reason that both parties have an agreement in which is the collective bargaining agreement. The court will likely set the arbitrator’s award due to the following reasons, if the award had violated public policy, the arbitrator’s conduct prejudice the rights of the other party and if the arbitrator has exceeded his or her powers and if the arbitrator decided to do any of this, it is likely that the court will set aside the arbitrator’s award.