TEAMSTERS LOCAL UNION NO. 764, Appellee v. J. H. MERRITT AND COMPANY, Appellant, 770 F.2d 40

Summary

An arbitration board heard claimant's unfair discharge grievance and awarded him reinstatement without backpay. When employer refused to permit claimant to return to work, union brought this action seeking an order confirming the board's decision. Employer then asserted for the first time that the board lacked jurisdiction or authority to resolve the dispute. The district court confirmed the award and held that even if the board lacked jurisdiction to hear the dispute, employer waived the objection by failing to raise it before the board. It then ordered claimant reinstated with backpay. This appeal followed and the court affirmed. Employer's conduct in voluntarily submitting its dispute to arbitration and being represented there by two employees with full authority to bind the company manifested a clear intent to arbitrate and it was bound by the decision. Further, it waived its right to contest jurisdiction by failing to raise the issue before the board. The counsel fees award was ...