United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 99-3322

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Anheuser-Busch, Inc., *

*

Appellee, *

* Appeal from the United States

v. * District Court for the Eastern

* District of Missouri.

Brewers & Maltsters, Local Union *

No. 6, International Brotherhood of * [UNPUBLISHED]

Teamsters, AFL-CIO, *

*

Appellant. *

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Submitted: April 12, 2000

Filed: April 19, 2000

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Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.

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PER CURIAM.

After Dennis Ferguson, a worker at an Anheuser-Busch, Inc. brewery, twice

violated Plant Rule 16, which prohibits employees from leaving the workplace during

working hours without a supervisor's authorization, Ferguson was subject to immediate

termination. Nevertheless, Anheuser-Busch gave Ferguson a chance to continue his

employment if he agreed to a "Last Chance Agreement" (LCA). Ferguson accepted the

agreement's terms, which provided any future violations of Rule 16 by Ferguson would

be cause for discharge. The agreement also said it was the "exclusive remedy" between
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the parties, and if either party disputed whether Ferguson had breached the agreement,

the dispute would be submitted to arbitration. The arbitrator's jurisdiction would be

"restricted solely to determining whether Mr. Ferguson violated the terms of [the]

agreement," and the arbitrator would have "no authority or discretion to prescribe

different discipline from that imposed by the employer," or to "add to, detract from, or

alter [the] agreement in any way." 

Ferguson later left work during the work day without a supervisor's permission,

and Anheuser-Busch fired him. Ferguson's union contested the discharge and

Anheuser-Busch denied the grievance. The union then pursued arbitration. Although

the arbitrator found Ferguson had violated Rule 16, the arbitrator declined to impose

termination and instead used the collective bargaining agreement to impose disciplinary

suspension followed by reinstatement with back pay. Anheuser-Busch filed this action

to set aside the arbitrator's decision and award. The union counterclaimed seeking

enforcement. Faced with cross-motions for summary judgment, the district court

granted Anheuser-Busch's motion and vacated the arbitrator's decision and award. The

district court concluded the arbitrator had exceeded his authority under the agreement's

plain and unambiguous terms and had imposed his own brand of justice by reducing

Ferguson's punishment. The union appeals. 

We conclude the district court correctly decided the case. The LCA controls

review of the arbitrator's award, which cannot be sustained if the arbitrator went

outside the LCA in constructing the award. See Coca-Cola Bottling Co. v. Teamsters

Local Union No. 688, 959 F.2d 1438, 1441 (8th Cir. 1992). When an "employee fails

to measure up as promised in a last chance agreement, the [employer] may proceed to

administer the discipline earlier suspended, without reference to the collective

bargaining agreement." Id. at 1440 (quoted case omitted). Here, once the arbitrator

concluded Ferguson had violated Rule 16, the LCA required the arbitrator to uphold

the bargained-for remedy--termination. The arbitrator exceeded his authority by

substituting a different remedy, which the LCA expressly prohibited. Having
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considered and rejected the union's arguments to the contrary, we affirm the district

court. 

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.