Opinion

United Steelworkers of America, Local 4839 v. New Idea Farm Equipment Corporation

  • 917 F.2d 964
  • 135 L.R.R.M. (BNA) 2880
  • 1990 U.S. App. LEXIS 18807
  • 1990 WL 161891
Court
Court of Appeals for the Sixth Circuit
Filed
Oct 29, 1990
Status
Published
Author
Nelson
On the bench
Martin, Nelson, Lively
Cited by
19 cases

applying state statute of limitations for confirmation of an arbitration award to Sec tion 301 action to enforce an arbitration award

How later courts described this case

  • applying state statute of limitations for confirmation of an arbitration award to Sec tion 301 action to enforce an arbitration award
  • “Because there had been no timely motion to vacate, modify or correct the award, the district court could not have remanded for the purpose of modifying or correcting the award. But it did have the authority to remand for clarification.”
  • applying Ohio’s one-year limit for confirmation of awards
  • district courts have authority to remand to arbitrator for clarification of ambiguous award

Written by the judges who cited it.

The opinion

DAVID A. NELSON, Circuit Judge,

concurring in part and dissenting in part.

I concur in all but Part V-A of the court’s opinion, and I respectfully dissent as to that part.

In the present context, the term “interim earnings” strikes me as ambiguous. I simply do not know whether it was intended to signify all outside earnings or merely the marginal earnings which, as the transcript itself suggested, were attributable to the increased time Mr. Friday was able to devote to his outside business during the interim period.

Mr. Friday will not be made whole for the full loss suffered during the interim period if his normal outside earnings are deducted in addition to the marginal earnings made possible by his absence from the factory. Perhaps the arbitrator really intended that Friday be penalized by deduction of the outside earnings he would have received after the 30th day anyway, but if so, the arbitrator’s choice of the words “made whole” seems infelicitous. I would ask the arbitrator to clarify both the interim earnings question and the overtime question.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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