Kerry, Inc. v. United Food and Commercial Workers, Local Union 88
| Kerry, Inc. |
| United Food and Commercial Workers, Local Union 88 |
| Kerry, Inc. |
| United Food and Commercial Workers, Local Union 88 |
| 4:2012cv01277 |
| July 18, 2012 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| E. Richard Webber |
| Labor/Management Relations |
| 29 U.S.C. ยง 185 |
| None |
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Filing
27
MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant United Food and Commercial Workers, Local Union No. 88's Motion for Summary Judgment [ECF No. 18 ] is DENIED. IT IS FURTHER ORDERED that Union's Countercl aim [ECF No. 5 ] is DISMISSED. IT IS FURTHER ORDERED that Plaintiff Kerry, Inc.'s Motion for Summary Judgment [ECF No. 14 ] is GRANTED. The portion of the Arbitration Decision and Award that declared Plaintiff Kerry, Inc.'s post-accident drug testing of Grievant Ron Shook "uncalled for" and "unreasonable" in the absence of evidence of impairment is null and void, as it exceeds the scope of the arbitral issue submitted by the parties, and is VACATED. Furthermore, t hat part of the award reinstating Grievant Ron Shook and awarding him full back bay, less interim earnings and any unemployment compensation received, is VACATED. IT IS FURTHER ORDERED that the arbitrator shall issue a remedy consistent with his finding that Plaintiff Kerry, Inc.'s action in sending Grievant Ron Shook to Concentra was consistent with the CBA and company policy. Signed by District Judge E. Richard Webber on 04/30/2013. (CBL)
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