Collective Bargaining Agreement – Arbitrator’s Award

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7^th Circuit Court of Appeals

Case Name: Ameren Illinois Company v. International Brotherhood of Electrical Workers, Local Union 51

Case No.: 18-1591

Officials: KANNE, SYKES, and ST. EVE, Circuit Judges.

Focus: Collective Bargaining Agreement – Arbitrator’s Award

Brian Knox got into a heated argument with his supervisor at work. He allegedly made threatening remarks and was known to carry a concealed weapon either on his person or in his personal vehicle, which was parked in the company parking lot. In response, his employer terminated him for violating its Workplace Violence Policy.

Through his union, Knox brought a grievance under the collective bargaining agreement (“CBA”) then in force, and the parties opted for binding arbitration. The arbitrator determined that although Knox had technically violated the policy, the employer could not enforce the rule because it violated an Illinois statute. The arbitrator ordered Knox’s reinstatement, and the employer sought review by the federal district court and obtained a judicial order vacating the award on the ground that the arbitrator improperly applied external law to contradict the terms of the CBA. Because we believe that the text of the CBA permitted the arbitrator to look to external law in interpreting the agreement, we reverse the judgment of the district court and uphold the arbitrator’s award.

Reversed and Vacated

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.