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ASARCO, LLC v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union

Certiorari Denied

Petition for certiorari denied on October 7, 2019.

Docket No.18-1415
Op. Below9th Cir.

Issue

(1) Whether a collective bargaining agreement that expressly states "[t]he arbitrator shall not have jurisdiction or authority to add to, detract from or alter in any way the provisions of this Agreement" prohibits the arbitrator from reforming the CBA by adding language to it; and (2) whether a party can bring to an arbitrator"s attention express contractual limits on his authority without waiving its objections that the arbitrator exceeded his authority by ignoring those agreed-upon limits.

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