dissenting.
I respectfully dissent. There is no dispute that under the General Agreement employment may be terminated only for cause and the grievance procedure provides that “[i]f an employee believes [he] has been treated unfairly or [he] disagrees with [his] supervisors as to the application of a policy ... [he] may file a grievance.” In the Framework Agreement, however, the TVA and the Council agreed that “all statutory and inherent management rights are retained by TVA, including the authority: (a) to determine ... internal security practices” and that TVA is not obligated to bargain over certain management responsibilities including “(1) matters governed by federal law, including regulations and executive orders” and “(3) the program for determining fitness for duty related to TVA’s nuclear facilities.” The arbitrator’s jurisdiction is limited by the General Agreement’s grievance procedure as follows:
The arbitrator’s jurisdiction is limited to interpretation and application of the terms of the General Agreement and it supplementary schedules or cases involving employee discipline (termination, demotion, suspension, or warning letter). The arbitrator does not have the authority to add to, subtract from, or modify any term or provision of the Agreement or to render a decision contrary to federal law or regulation applicable to TVA. Likewise, the arbitrator has no authority to rule on any matters not specifically set forth in this General Agreement and Supplementary Schedules.
In this case, the arbitrator did not review whether Ingle’s termination was “for cause” or interpret any term of the contract but, rather, reviewed the fairness of the process that resulted in the revocation of Ingle’s nuclear operator clearances and unescorted access authorization. I agree with the district court that the arbitrator’s decision did not involve an interpretation of the contract and did not draw its essence from the contract, but added or modified the agreement by adding procedural requirements and consideration of an employee’s past work history. Cf.Bruce Hardwood Floors v. Southern Council of Indus. Workers, 8 F.3d 1104, 1108 (6th Cir.1993) (“Requiring a formal investigation and hearing before discharge, when these procedural safeguards are not specifically provided for in the agreement, may well ignore the plain language of the contract.”) Further, it is apparent from the award as a whole that the arbitrator’s decision was based on general considerations of fairness and equity instead of the exact terms of the agreement.