the “draw its essence” or “arguably construing” test. In Foley, having decided that absence of causation renders an award punitive, we inevitably concluded that “[t]he award of damages in the present case does not draw its essence from the CBA, for the agreement’s essence does not contemplate punitive, but only compensatory awards.” 789 F.2d at 1423. The rule that punitive awards do not draw their essence from such a bargaining agreement is well-established, not only in our circuit but in others. See, e.g., Desert Palace v. Local Joint Executive Bd. of Las Vegas, 679 F.2d 789, 794 (9th Cir.1982); Bacardi Corp. v. Congresso de Uniones Industriales de Puerto Rico, 692 F.2d 210, 214 (1st Cir.1982); Baltimore Regional Joint Bd. v. Webster Clothes, Inc., 596 F.2d 95, 98 (4th Cir.1979) (<HOLDING>). When the agreement makes no provision for a
holding a court may not award punitive damages holding that proportionality is not the touchstone for a punitive damages award holding like foley that absence of causation renders award punitive holding that evidence of a defendants financial condition is a prerequisite to an award of punitive damages recognizing the financial position of the defendant as a factor in assessing a punitive damages award