American Federation of Television and Radio Artists v. Storer Broadcasting Co.
United States Court of Appeals for the Sixth Circuit
660 F.2d 151 (1981)
- Written by David Bloom, JD
Facts
James Cox worked as a news reporter for Storer Broadcasting Co. (Storer) (defendant) and was a member of a union, the American Federation of Television and Radio Artists (AFTRA) (plaintiff). Storer and AFTRA had a labor contract that permitted Storer to terminate its news reporters for, among other reasons, “just and sufficient cause” and “unsuitability.” Storer fired Cox. The formal reason Storer gave for Cox’s termination was “just and sufficient cause” pursuant to the labor contract, citing Cox’s alleged harassment, lateness, absenteeism, and other misconduct. Cox denied the charges, and the matter went to arbitration. The arbitrator agreed with Storer and sustained Cox’s termination. According to the arbitrator, Cox’s “unsuitability” was a relevant factor in concluding that Storer’s termination of Cox was appropriate. AFTRA filed suit on behalf of Cox, challenging the arbitrator’s award. The district court remanded the matter back to the arbitrator for reconsideration, directing the arbitrator to decide whether the evidence supported Cox’s termination solely for “just and sufficient cause.” According to the district court, “just and sufficient cause” and “unsuitability” are separate, unrelated grounds for termination, and only Storer’s formal reason for Cox’s termination (i.e., “just and sufficient cause”) was at issue. Storer appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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