# Bakers Union Factory, 326 v. ITT Continental Baking Co.

> Court of Appeals for the Sixth Circuit · November 29, 1984 · 749 F.2d 350

URL: https://www.frixlaw.com/law-library/cases/8926586

## Case

- **Full name:** BAKERS UNION FACTORY, 326 v. ITT CONTINENTAL BAKING COMPANY, INC.
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** November 29, 1984
- **Citations:** 749 F.2d 350; 117 L.R.R.M. (BNA) 3145; 1984 U.S. App. LEXIS 16349
- **Precedential status:** Published
- **Opinion:** Dissent by Edwards
- **Judges:** Edwards, Martin
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8926586

## How later opinions describe it (automated extraction)

- holding that settlement agreements reached short of formal arbitration are entitled to enforcement in federal courts if agreement is final and binding on the parties
- concluding that the collective bargaining agreement provides the means by which the parties may negotiate a last chance agreement
- reversing grant of summary judgment

## Opinion text

GEORGE CLIFTEN EDWARDS, Jr.,
dissenting.
District Judge Cook enforced an arbitrator’s award which had the effect of putting back to work an alcoholic employee who had previously signed a “last chance” *357 agreement after he had been discharged for drunkenness on the job. Subsequently he was charged with violating the agreement by failing twice to attend Alcoholic Anonymous meetings and discharged by the Company.
On arbitration of his discharge, as called for by the labor management agreement, one of the two failures was excused by the arbitrator who heard the grievance and ordered that he be given yet “another chance.” It should be noted that his discharge is not based on any repetition of any employment offense.
My respect for the use of arbitration in labor management procedures helps to motivate my conclusion that Judge Cook was correct in accepting the arbitrator’s award. Much more importantly, this conclusion is also motivated by the strong preference for arbitration of labor disputes expressed by the United States Supreme Court in United Steelworkers v. American Manufacturing Co., 363 U.S. 564 , 80 S.Ct. 1343 , 4 L.Ed.2d 1403 (1960); United Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574 , 80 S.Ct. 1347 , 4 L.Ed.2d 1409 (1960); United Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593 , 80 S.Ct. 1358 , 4 L.Ed.2d 1424 (1960).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8926586. Public record. Not legal advice.