Vero Beach, FL asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Florida

Q: the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993).

I'm a college student studying business, I have read the case and can't determine who won after the Union appealed the vacating of the arbitration award. Who won the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993). Exxon Shipping or Union? If Union why?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Here is the summary of the opinion:

"The Exxon Seamen's Union has appealed from a district court order vacating an arbitration award that required the Exxon Shipping Company to reinstate an able bodied seaman on an oil tanker who was found to be highly intoxicated while on duty./ Shipping Company to reinstate an able bodied seaman on an oil tanker who was found to be highly intoxicated while on duty.\ The district court held that this arbitration award was contrary to the well defined and dominant public policy against having intoxicated persons participate in the operation of commercial vessels.\ After the district court entered the order at issue here, we upheld a similar district court order vacating an arbitration award that required the reinstatement of an able bodied seaman on another oil tanker who had failed a company drug test.\\Exxon Shipping Co. v. Exxon Seamen's Union, 993 F.2d 357 (3d Cir.1993)\("Exxon Shipping Co. I"). \ In light of that decision, we affirm the order now before us."

So if the district court (the "trial court") vacated the arbitration award reinstating the seaman, the effect of the district court's decision would be to deny reinstatement to the seaman. The 3rd Circuit Court affirmed that order. The union (and its member, the drunk seaman) lost.

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