Question
Smith's Food King and the United Commercial Food Workers Union, the union that represented Smith's workers, negotiated a collective bargaining agreement. In the CBA (collective
Smith's Food King and the United Commercial Food Workers Union, the union that represented Smith's workers, negotiated a collective bargaining agreement. In the CBA (collective bargaining agreement), it stated that if a Smith's Food King employee was discharged for a workplace rule violation, the matter would be submitted to an arbitrator. The CBA agreement also limited the arbitrator to determine whether the rule was reasonable and whether the employee violated it. Later, Smith's Food King discharged employee Gabby Mesa and the union appealed to arbitration. The arbitrator determined that Mesa violated a reasonably safe rule, but was not convinced that Smith's Food King should have treated the violation more seriously than other rule violations. The arbitrator ordered Mesa reinstated. Can a court set aside this order? Explain?
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