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    Eastern Assoc Coal v. District 17 UMWA, 4th Cir. (2005)

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's grant of summary judgment in favor of the Union. The Company had filed suit seeking to vacate an arbitration award issued in favor of the Union. The Court of Appeals found that the district court did not err in concluding that the arbitrator's decision was based on the collective bargaining agreement. The Court of Appeals affirmed the district court's decision for the reasons stated in its opinion.

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    Eastern Assoc Coal v. District 17 UMWA, 4th Cir. (2005)

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's grant of summary judgment in favor of the Union. The Company had filed suit seeking to vacate an arbitration award issued in favor of the Union. The Court of Appeals found that the district court did not err in concluding that the arbitrator's decision was based on the collective bargaining agreement. The Court of Appeals affirmed the district court's decision for the reasons stated in its opinion.

    Original Description:

    Filed: 2005-08-16 Precedential Status: Non-Precedential Docket: 04-2503

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's grant of summary judgment in favor of the Union. The Company had filed suit seeking to vacate an arbitration award issued in favor of the Union. The Court of Appeals found that the district court did not err in concluding that the arbitrator's decision was based on the collective bargaining agreement. The Court of Appeals affirmed the district court's decision for the reasons stated in its opinion.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    Download as pdf
    5 views3 pages

    Eastern Assoc Coal v. District 17 UMWA, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's grant of summary judgment in favor of the Union. The Company had filed suit seeking to vacate an arbitration award issued in favor of the Union. The Court of Appeals found that the district court did not err in concluding that the arbitrator's decision was based on the collective bargaining agreement. The Court of Appeals affirmed the district court's decision for the reasons stated in its opinion.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-2503

    EASTERN ASSOCIATED COAL CORPORATION; CHARLES


    COAL COMPANY, joint venturers on behalf of
    COLONY BAY COMPANY,
    Plaintiffs - Appellants,
    versus
    DISTRICT 17, UNITED MINE WORKERS OF AMERICA;
    LOCAL UNION NO. 9177, UNITED MINE WORKERS OF
    AMERICA,
    Defendants - Appellees.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Charleston. Joseph Robert Goodwin,
    District Judge. (CA-03-2430)

    Submitted:

    July 25, 2005

    Decided:

    August 16, 2005

    Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Albert F. Sebok, Brian J. Moore, JACKSON KELLY, PLLC, Charleston,


    West Virginia, for Appellants. Deborah Stern, Associate General
    Counsel, Fairfax, Virginia; Charles F. Donnelly, DONNELLY &
    CARBONE, P.L.L.C., Charleston, West Virginia, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    Eastern Associated Coal Corporation and Charles Coal
    Company, on behalf of Colony Bay Company (hereinafter collectively
    Company), filed suit in the district court against District 17,
    United Mine Workers of America, and Local Union No. 9177, United
    Mine Workers of America (hereinafter collectively Union), seeking
    to vacate an arbitration award issued in favor of the Union.

    The

    district court granted summary judgment for the Union.

    We do not

    find

    that

    that

    the

    district

    court

    erred

    by

    concluding

    the

    arbitrators decision was based upon the collective bargaining


    agreement. See United Paperworkers Intl Union v. Misco, Inc., 484
    U.S. 29, 38 (1987) (stating review standard); Island Creek Coal
    Co. v. Dist. 28, United Mine Workers of Am., 29 F.3d 126, 129 (4th
    Cir. 1994) (same).

    Accordingly, we affirm for the reasons stated

    by the district court.

    See E. Assoc. Coal Corp. v. Dist. 17,

    United Mine Workers of Am., No. CA-03-2430 (S.D. W. Va. Nov. 5,


    2004).

    We dispense with oral argument because the facts and legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    AFFIRMED

    - 3 -

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