June 02nd, 2018

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US Court of Appeals for the Fifth Circuit Opinions
Delek Refining, Limited v. Local 202

Docket: 17-40593
Opinion Date: June 1, 2018
Judge: Costa
Areas of Law: Arbitration & Mediation, Contracts

The Fifth Circuit affirmed the district court's dismissal of Delek's challenge to an arbitrator's award in an action alleging that the company violated a collective bargaining agreement (CBA), which required that employees get first crack at new work unless certain exceptions apply. The court held that the arbitrator's exercise of his discretion did not conflict with the CBA, and that the district court did not abuse its discretion in finding that Delek's challenge was without justification and subject to a fee award.

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