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Teamsters Local Union No. 61 v. United Parcel Service, Inc.

Joint management-labor committee could arbitrate employee discharge grievance despite lack of quorum after union members' walkout.

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Argued September 17, 2001

Opinion for the court filed by Circuit Judge Henderson.

Teamsters Local Union No. 61 (Local 61) seeks reversal of the district court’s grant of summary judgment to United Parcel Service, Inc. (UPS), affirming two rulings of the Atlantic Area Parcel Grievance Committee (Committee), a joint management-labor panel created to resolve UPS employee grievances. In resolving a discharge grievance brought by employee Mark Thompson, the Committee decided on January 20, 1999 that the case could proceed to the merits; on February 16, 1999 it upheld Thompson’s discharge. In district court, Local 61 argued that the two decisions were invalid because each was made absent a quorum. Finding that the Committee’s impartial arbitrator had the authority to decide to proceed to the merits and that the Committee could decide the merits in the absence of the union Committee members, the district court held that Local 61 did “not meet the substantial burden required to vacate the arbitration decision” and it granted UPS’s motion for summary judgment. Joint Appendix (JA) 255. We agree and therefore affirm the district court’s grant of summary judgment.

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