James Ray, a member of the Bakery Workers Union, was employed at Cotton Brothers Baking Company. Ray, who had a history of tardiness and absenteeism at Cotton Brothers, experienced automobile problems one morning; this delayed his arrival at work. When he subsequently arrived at work, Ray was told that he was fired. The union filed a grievance on behalf of Ray, objecting to the discharge. In accordance with the collective bargaining agreement, an arbitration hearing was held. The arbitrator, after weighing testimony and evidence, ordered Ray reinstated with back pay. The arbitrator found that Cotton Brothers had not properly and objectively investigated Ray's automobile breakdown; therefore, it did not have just cause to fire him. Cotton refused to reinstate Ray in compliance with the arbitrator's award. Ray and the union petitioned the U.S. district court to enforce the arbitrator's award. Cotton asked the court to overturn the arbitrator's decision, claiming that, based on the evidence, the dismissal was unquestionably for just cause under the labor agreement.
Should the court grant Cotton Brothers' request and overrule the arbitrator? Decide. [Local 370 v. Cotton Brothers Baking Co., 110 LRRM 2234 (5th Cir.)]