By: WISCONSIN LAW JOURNAL STAFF//July 17, 2013//
Labor; Arbitration
An arbitrator did not exceed his authority in ordering an employer to either return work to a union plant or employee unionized workers at the new plant.
“[E]ven the Board’s actual decision in 2006 is compatible with the arbitrator’s interpretation of Article 12(1) in this CBA. Certco treats the arbitrator’s decision as requiring it to recognize the Union as the representative of workers at Femrite and Daniels, but what the arbitrator actually ordered is that the work formerly done at Verona Road be returned there (where the Union already is the exclusive bargaining representative),
or be performed by bargaining-unit members, unless the Union agrees to modify Article 12(1). Certco may find compliance expensive, but the costs of keeping one’s promise do not excuse performance.”
Affirmed.
12-3387 and 12-3487 Certco, Inc., v. International Brotherhood of Teamsters
Appeals from the United States District Court for the Western District of Wisconsin, Conley, J., Easterbrook, J.