| |
| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
 | | Keebler argues, and the district court agreed, that the arbitrator erred by failing to discuss whether Menchin's conduct in the exchange constituted gross insubordination, which the collective bargaining agreement lists as a possible ground for immediate discharge. |
 | | Keebler argues that the arbitrator exceeded his authority in doing so because nothing in the text of the collective bargaining agreement provided for a heightened standard of proof, and in the absence of such provision, the customary civil standard -- "preponderance of the evidence" -- should control. |
 | | Keebler argues, and the district court agreed, that the term "fighting on-the-job" unambiguously encompasses any physical fighting at work, whether offensive or defensive, so that the arbitrator's narrower construction of the term was implausible. |
| caselaw.lp.findlaw.com /scripts/getcase.pl?court=1st&navby=case&no=001994 (2283 words) |
|