International Broth. of Firemen & Oilers, Local 261 v. Great Northern Paper Co., 84-1923

Decision Date26 June 1985
Docket NumberNo. 84-1923,84-1923
Citation765 F.2d 295
CourtU.S. Court of Appeals — First Circuit
Parties119 L.R.R.M. (BNA) 3082, 103 Lab.Cas. P 11,571 INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS, LOCAL 261, Petitioner, Appellant, v. GREAT NORTHERN PAPER CO., Respondent, Appellee.

James J. MacAdam, Brunswick, Me., with whom McTeague, Higbee, Libner, Reitman & MacAdam, Brunswick, Me., was on brief for petitioner, appellant.

Paul J. Kingston, Boston, Mass., with whom Paul V. Mulkern, Jr. and Kingston & Mulkern, Boston, Mass., were on brief, for respondent, appellee.

Before COFFIN and TORRUELLA, Circuit Judges, and RE, * Judge.

TORRUELLA, Circuit Judge.

An employee of Great Northern Paper Co. (the Employer) was discharged for allegedly refusing to comply with orders given to him by his supervisor. Pursuant to an existing collective bargaining agreement between the employee's bargaining agent, International Brotherhood of Firemen & Oilers, Local 261 (the Union), and the Employer, the matter was submitted for resolution in accord with the contract's grievance procedure and finally to arbitration. After hearing evidence from both parties, including the testimony of the employee and the supervisor, the arbitrator ruled that the discharge was proper. The Union disagreed and filed suit in district court to vacate the award. The suit was dismissed by summary judgment and this appeal ensued.

The substance of the Union's appeal is a challenge to the credibility findings of the arbitrator. In this day and age such a contention must be overwhelmingly supported, something which this appeal is not.

It is well settled that courts have a very limited scope of review when passing on the validity of labor arbitration awards. See United Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593, 599, 80 S.Ct. 1358, 1362, 4 L.Ed.2d 1424 (1960); Bettencourt v. Boston Edison Co., 560 F.2d 1045, 1048 (1st Cir.1977). This rule serves the legislative policy that final adjustment by a method agreed upon by the parties is the desirable method for settlement of grievances arising from the application and interpretation of collective bargaining agreements. Bettencourt v. Boston Edison Co., supra, 560 F.2d at 1047.

Although judicial deference to arbitration does not grant carte blanche approval to any decision that an arbitrator might make, Electronics Corp. of America v. International Union of Electrical, Radio and Machine Workers, Local 272, 492 F.2d 1255, 1257 (1st Cir.1974); Detroit Coil Co. v. International Association of Machinists and Aerospace Workers, Lodge # 82, 594 F.2d 575, 580-81 (6th Cir.), cert. denied, 444 U.S. 840, 100 S.Ct. 79, 62 L.Ed.2d 52 (1979) (award cannot stand when arbitrator's factual determinations unsupported by record), courts are precluded from interfering with arbitration awards for mere errors in assessing the credibility of witnesses. NF & M Corporation v. United Steelworkers, 524 F.2d 756, 759 (3d Cir.1975). These principles are in accord with long-established equitable doctrine with respect to arbitration of disputes generally. See Burchell v. Marsh, 58 U.S. (17 How.) 344, 349-50, 15 L.Ed. 96 (1854) (gross mistake, not mere error of judgment, required to intervene). Therefore, that the arbitrator made a credibility finding or reached a conclusion different from that which might have been made by a court, is not ground for interfering with the award. Bettencourt v. Boston Edison Co., supra, 560 F.2d at 1050; NF & M Corporation v. United Steelworkers, supra, 524 F.2d at 759.

At the arbitration hearing the discharged employee...

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    ...Local 1228, AFL-CIO v. WNEV-TV, New England Television Corp., 778 F.2d 46 (1st Cir.1985); International Broth. of Firemen & Oilers, Local 261 v. Great Northern Paper Co., 765 F.2d 295 (1st Cir.1985); Hoteles Condado Beach, La Concha and Convention Center v. Union De Tronquistas Local 901, 7......
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