Document Type
Article
Publication Date
9-21-1988
Abstract
Certified Concrete Co. Drivers Committee of Local 282 (the "Certified Drivers Committee" or "CDC") appeals from an order of the United States District Court for the Southern District of New York (Mukasey, J.), reversing an order of the United States Bankruptcy Court (Blackshear, J.) that vacated an arbitrator's award in favor of Transit Mix Concrete Corp. Drivers Committee of Local 282 (the "Transit Mix Drivers Committee" or "TMDC"). The award directed Certified Concrete Co. ("Certified") to combine its employee list with that of Transit Mix Concrete Corp. ("Transit Mix").
David Brodsky, as trustee in bankruptcy for both Certified and Transit Mix, originally commenced this action in bankruptcy court to challenge the arbitrator's award. Although named as defendant, CDC supported the trustee's position. The bankruptcy court vacated the award and TMDC appealed. The district court reversed, 88 B.R. 588 (S.D.N.Y.1988), finding that the award was a proper exercise of the arbitrator's powers under the Certified contract. On this appeal, the Certified Drivers Committee claims that the district court erred in reinstating the arbitrator's award. CDC argues that the arbitrator's award fails to "draw its essence" from the contract, see United Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593, 597, 80 S.Ct. 1358, 1361, 4 L.Ed.2d 1424 (1960). For the reasons that follow, we agree, and we reverse the order of the district court.
Recommended Citation
Miner, Roger J., "In re Marine Pollution Service, Inc., 857 F. 2d 91 - Court of Appeals, 2nd Circuit 1988" (1988). Circuit Court Opinions. 245.
https://digitalcommons.nyls.edu/circuit_opinions/245
Comments
857 F.2d 91 (1988)
In re MARINE POLLUTION SERVICE, INC., T/A Certified Concrete Co., and Transit Mix Concrete Corp., Debtor. David M. BRODSKY, as Trustee for Marine Pollution Service, Inc., t/a Certified Concrete Co., and Transit Mix Concrete Corp., Plaintiff,
v.
LOCAL 282, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA; Certified Concrete Co. Drivers Committee of Local 282; Transit Mix Concrete Corp. Drivers Committee of Local 282; William Michael Meyers; and Thomas A. Knowlton, Esq., Defendants, Certified Concrete Co. Drivers Committee of Local 282, Defendant-Appellant, Transit Mix Concrete Corp. Drivers Committee of Local 282 and William Michael Meyers, Defendants-Appellees.
No. 1678, Docket 88-5032.
United States Court of Appeals, Second Circuit.
New York Law School location: File #627, Box #122
Argued August 16, 1988. Decided September 21, 1988.