Scenario

Samuel Foxx worked as a seaman on an Exxon Shipping Co. oil tanker for more that eight years without incident. Then, one day, he boarded a ship for duty while intoxicated. This violated Exxon company policy. The policy allowed Exxon to discharge intoxicated employees as unfit for work. Exxon discharged Foxx.

Under a collective bargaining agreement between Exxon and the union representing their employees, the discharge was submitted to arbitration. The arbitrator ordered Exxon to reinstate Foxx to his position on an oil tanker. Exxon filed suit against the union, challenging the arbitration award as contrary to public policy.

Question:

1. Should the court set aside this award? Explain.