Air Methods Collective Bargaining Agreement

The arbitrator did not change or ignore the provisions of the collective agreement. As a result, it did not “depart from the interpretation and application of the agreement and effectively gave industrial justice the greenest way.” “San Juan Coal Co. v. Int`l Union of Operating Eng`rs, Local 953, 672 F.3d 1198 (10. Cir.2012) (quote Major League Baseball Players Ass`n. Garvey, 532 U.S. 504, 509 (2001)). We therefore confirm the conclusion of the regional court that the arbitrator did not circumvent the collective agreement in order to impose a personal mark of industrial justice. Moreover, “a certain deference to arbitration must inform our judgment when it is asserted that public order prohibits the execution of the sentence resulting from the agreement of the parties.” Id. to 1207. “We must be careful to reject the written agreement on the basis of general public concerns, as “parties to a collective agreement must have reasonable certainty that their contract will be respected.” Id. (quotes from W.R.

Grace, 461 U.S. at 771). If we file an arbitral award for indeterminate public policy reasons, we risk violating explicit public policy in order to support the parties` ability to rely on their collective agreements. Moreover, “the definition of public order is a single legislative undertaking, a company that is not well placed for a judicial solution” and therefore must be careful to replace our preferences instead of the contractual obligations of the parties under the guise of the application of public order. Therefore, in the absence of a clearly defined public order that would prohibit the arbitrator`s award, we will not disturb the outcome of an arbitration award that derives its essence from a collective agreement. We therefore conclude that the District Court did not coincide by not violating the arbitral award of clear public order. 2. Section 9.1 of the parties` collective agreement states that “pilots may be subject to disciplinary action until discharge for any reason or reason, including an infringement or violation of company rules or directives, or for violation of that agreement.

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