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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : v. : : UNITED STEEL, PAPER AND FORESTRY, : RUBBER, MANUFACTURING, ENERGY, : ALLIED INDUSTRIAL AND SERVICE : WORKERS INTERNATIONAL UNION, : AFL-CIO-CLC LOCAL 12517-04 : : ERACHEM COMILOG, INC. MEMORANDUM Erachem Comilog, Inc. ("Erachem") seeks to vacate an arbitration award entered in favor of United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC Local 12517-04 (the "Union"). Defendant Union has filed a counterclaim to affirm the award. Currently pending before the court are both parties' cross-motions for summary judgment. The parties have fully briefed the motions and no hearing is necessary. See Local Rule 105.6. For the reasons stated below, Erachem's motion will be denied, and the Union's motion will be granted. BACKGROUND Defendant Union represents various employees at Erachem's Baltimore manufacturing facility, including John T. Cavey ("Cavey"), who worked as a service employee for Erachem until he was discharged for allegedly misrepresenting his physical condition following a knee injury at work. As provided for in the Collective Bargaining Agreement ("CBA") between Erachem and the Union, the discharge decision was processed through steps of the grievance procedure to arbitration. Richard G. Trotter ("Trotter") was selected as arbitrator, and a hearing 1

Civil No. CCB-07-168

was held on October 13, 2006 to address two issues: (1) whether Erachem had "just cause" to terminate Cavey and if not, what should be the remedy; and (2) whether Cavey's due process rights (Weingarten rights) under the CBA were violated. (Pl.'s Summ. J. Mot., Ex. C at 1.) Holding Erachem failed to prove the company had just cause to discharge Cavey, Trotter ordered Cavey "to be reinstated and made whole in wages, benefits, seniority, and any promotion he would have attained had he not [been] discharged."1 (Id. at 16.) In addition, Trotter stated, "there is credibility to the Union's assertion that Weingarten rights were violated." (Id. at 15.) Erachem now seeks to vacate the arbitration award pursuant to

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Maryland Law