Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller

Exercise 11

Arbitration. 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? Explain. [ Horton Automatics v. The Industrial Division of the Communications Workers of America, AFL-CIO, 2013 WL 59204 (5th Cir. 2013)] (See Alternative Dispute Resolution.)