HMC Management Corp., an apartment rental and management company, discharged two of its employees for substandard work performance. The employees, represented by the Carpenters Union, filed grievances. The employer subsequently decided to rehire one of the employees but not the other one.

When the grievance filed by the employee who was not rehired was arbitrated, the arbitrator acknowledged that the employer had sufficient reason to discharge the two employees but held that the employer had acted improperly when it rehired one employee but not the other. The arbitrator ordered that the employer reinstate the other employee. The employer filed suit in federal court to have the arbitration award vacated.

Should the court enforce or vacate the arbitrator’s decision? Explain your answer. See HMC Mgt. Corp. v. Carpenters District Council

[750 F.2d 1302 (5th Cir. 1985)].