Hoteles Condado Beach, La Concha & Convention Center v. Union de Tronquistas Local 901

763 F.2d 34 (1985)

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Hoteles Condado Beach, La Concha & Convention Center v. Union de Tronquistas Local 901

United States Court of Appeals for the First Circuit
763 F.2d 34 (1985)

Facts

Santiago Figueroa Otero was an employee of Hoteles Condado Beach, La Concha & Convention Center (Hoteles) (plaintiff). A dispute arose between Hoteles and a labor union, Union de Tronquistas Local 901 (the union) after Hoteles dismissed Otero for violating certain employment rules. The dispute went to arbitration. No live testimony was available during the arbitration. The arbitrator entered into evidence the trial transcript of a criminal case held in another court involving the event that prompted Hoteles to dismiss Otero. At the criminal trial, Otero gave testimony relevant to the dispute between Hoteles and the union. However, the arbitrator did not give any weight to Otero’s criminal trial testimony. No other evidence was presented to prove or disprove the claim that Otero violated Hoteles’s employment rules. The arbitrator concluded that Hoteles failed to show that Otero’s dismissal was justified. Hoteles filed suit and motioned the district court to vacate the arbitrator’s award. The district court granted the motion. The union appealed.

Rule of Law

Issue

Holding and Reasoning (Wisdom, J.)

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