Bandag v. Local 922

Filed: August 8, 1997
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-1106
(CA-96-430-BR)
Bandag, Incorporated,
Plaintiff - Appellee,
versus
Local 922, United Steelworkers of America,
et al,
Defendants - Appellants.
O R D E R
The Court amends its opinion filed August 5, 1997, as follows:
On the cover sheet, section 4 -- the decided date for this
case is August 5, 1997. PLEASE NOTE: the electronic version of
this opinion is correct.
For the Court - By Direction
/s/ Patricia S. Connor
Clerk
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
BANDAG, INCORPORATED,
Plaintiff-Appellee,
v.
LOCAL 922, UNITED STEELWORKERS OF
No. 97-1106
AMERICA; UNITED STEELWORKERS OF
AMERICA, AFL-CIO LOCAL 6660,
AFL-CIO-CLC; CHARLES A.
ROYSTER,
Defendants-Appellants.
Appeal from the United States District Court
for the Eastern District of North Carolina, at Raleigh.
W. Earl Britt, District Judge.
(CA-96-430-BR)
Argued: July 8, 1997
Decided: August 5, 1997
Before HAMILTON and LUTTIG, Circuit Judges, and
G. Ross ANDERSON, Jr., United States District Judge for the
District of South Carolina, sitting by designation.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
ARGUED: Rudolph L. Milasich, Jr., Assistant General Counsel,
UNITED STEELWORKERS OF AMERICA, Pittsburgh, Pennsylva-
nia, for Appellants. Michael Coghlan Lord, MAUPIN, TAYLOR &
ELLIS, P.A., Raleigh, North Carolina, for Appellee. ON BRIEF:
Robert A. Valois, Craig S. Nolan, MAUPIN, TAYLOR & ELLIS,
P.A., Raleigh, North Carolina, for Appellee.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
_________________________________________________________________
OPINION
PER CURIAM:
This appeal is from the district court's entry of summary judgment
in favor of Bandag, Inc. (Bandag), vacating an arbitration award
ordering reinstatement and awarding back pay to Charles A. Royster,
a former employee of Bandag. Royster was discharged after he
refused for a period of time to provide a urine sample for a drug test,
in violation of Bandag's drug policy. The district court vacated the
arbitration award, finding that the award failed to draw its essence
from the collective bargaining agreement in effect between Bandag
and the labor union representing Royster and other Bandag employ-
ees, Local 922, United Steelworkers of America. In vacating the
award, the district court relied specifically on our decision in
Mountaineer Gas Co. v. Oil, Chem. & Atomic Workers Internat'l
Union, 76 F.3d 606 (4th Cir.), cert. denied , 117 S. Ct. 80 (1996), in
which we recognized that a valid and proper policy promulgated by
an employer pursuant to a collective bargaining agreement is enforce-
able even if the rule is not specifically incorporated by reference into
the agreement. See id. at 610.
We have carefully examined the record, the briefs, the arguments
of counsel, and the opinion of the district court. Like the district court,
we agree that this case is controlled by our decision in Mountaineer
Gas Company. We therefore affirm on the reasoning of the district
court. See Bandag, Inc. v. Local 922, United Steelworkers of Am., No.
CA-96-430-BR (E.D.N.C. 1996).
AFFIRMED
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