Horton Automatics and the Industrial Division of the Communications Workers of America, the union that represented Hortons

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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 dis-charge for a workplace- rule violation was submitted to arbitration, the agreement limited the arbitrator to deter-mining whether the rule was reasonable and whether the employee violated it. When Horton discharged 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. Can a court set aside this order? Explain.

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Business Law Text and Cases

ISBN: 978-1285185248

13th edition

Authors: Kenneth Clarkson, Roger LeRoy Miller, Frank Cross

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