United Food & Commercial Workers International Union v. Foster Poultry Farms

Foster Poultry Farms ("Foster") appeals the district courts summary judgment confirming an arbitration award in favor of the United Food and Commercial Workers Union, Local 588, UFCW, AFL-CIO ("Union"). The arbitrator found that Foster had violated the collective bargaining agreement ("CBA") by unilaterally implementing a drug testing program for its drivers and by discharging two employees pursuant to the drug testing program. The arbitrator ordered reinstatement of the two employees and temporarily rescinded Fosters drug testing program until such time as Foster bargained with the Union over certain non-mandatory and discretionary aspects of Fosters drug testing program. Foster contends that the arbitration award violates the alleged public policy embodied in the regulations promulgated by the Federal Highway Administration of the Department of Transportation ("DOT") mandating various forms of drug testing for commercial motor vehicle operators. See 49 C.F.R. §§ 391.81-391.123. We have jurisdiction under 28 U.S.C. § 1291. The district court had jurisdiction under 28 U.S.C. § 1331. We affirm. There are no grounds to vacate the arbitrators award in this case.