The court applied an adverse inference against the company for failing to call two witnesses, and interpreted the parties’ collective bargaining agreement (CBA) by inserting an intent requirement that was not explicitly included in the agreement. While the affirmance of an arbitration award is unsurprising, the court’s discussion of these nuances warrants attention.
The court applied an adverse inference against the company for failing to call two witnesses, and interpreted the parties’ collective bargaining agreement (CBA) by inserting an intent requirement that was not explicitly included in the agreement. While the affirmance of an arbitration award is unsurprising, the court’s discussion of these nuances warrants attention.
