opinion: LOCAL NO. 370, BAKERY, CONFECTIONERY AND TOBACCO WORKERS INTERNATIONAL UNION OF AMERICA, AFL-CIO and James E. Ray, Sr., Plaintiffs-Appellees, v. COTTON BROS. BAKING CO., INC., Defendant-Appellant.
  No. 81-3188.
  United States Court of Appeals, Fifth Circuit.
  April 9, 1982.
  Ernest R. Malone, Jr., New Orleans, La., for defendant-appellant.
  Daniel E. Broussard, Jr., Alexandria, La., for plaintiffs-appellees.
  Before BROWN, GEE and GARWOOD, Circuit Judges.
  PER CURIAM:
  This suit originated with a grievance filed by James E. Ray, a member of Local No. 370, Bakery, Confectionery and Tobacco Workers International Union of America, AFL-CIO (Union), against his employer, Cotton Brothers Baking Co., Inc. (Cotton Brothers). Mr. Ray, who had a history of tardiness and absenteeism, experienced automobile problems on the morning of March 4, 1979, which made it difficult to get to work. Later that day, Ray was fired, and subsequently he filed a grievance. The collective bargaining agreement between the Union and Cotton Brothers provided for arbitration of such disputes, and, after a hearing, the arbitrator found (i) that Cotton Brothers had not properly and objectively investigated the incident, and (ii) that Ray’s failure to report to work after his car broke down did not constitute just cause to fire him. On the basis of these findings, Ray’s reinstatement with back pay was ordered. Cotton Brothers refused to comply with the order, and this action was brought by the Union and Ray to enforce the arbitrator’s decision. Finding no errors in the arbitration proceedings or award, the District Court granted a summary judgment in favor of Ray and the Union. We affirm.
  Summary judgment is appropriate when, viewing the case in a light most favorable to the opposing party, no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. U. S. v. R & D One Stop Records, Inc., 661 F.2d 433, 435-36 (5th Cir. 1981). In its order dated July 28,1980, the District Court found no dispute as to the labor agreement providing for arbitration, the arbitrator’s reinstatement of Ray, and Cotton Brothers’ refusal to comply with the award. Citing the Steelworkers trilogy, the District Court held that an arbitrator’s decision under a labor agreement must be enforced except under unusual circumstances. Because it was unable to substitute its judgment for that of the arbitrator, the District Court granted summary judgment to the Union and Ray. We are in full agreement that summary judgment was proper in this instance. “The courts .. . have no business weighing the merits of the grievance, considering whether there is equity in a particular claim, or determining whether there is particular language in the written instrument which will support the claim.” United Steelworkers v. American Manufacturing Co., 363 U.S. 564, 568, 80 S.Ct. 1343, 1346, 4 L.Ed.2d 1403, 1407 (1960).
  In an earlier ruling, dated April 29, 1980, the District Court granted the Union’s motion to strike Cotton Brothers’ affirmative defenses and counterclaim on the basis of Louisiana’s three month statute of limitations. La.Rev.Stat. 9:4213. We need not reach this issue in light of the District Court’s later ruling, on the merits, that the bargained-for arbitrator’s decision was supportable and binding. The trial judge’s approach to and analysis of this case, when he finally ruled on the merits and granted a summary judgment, was not based upon the earlier order striking the defenses and counterclaim.
  Finally, Cotton Brothers urges on appeal that the District Court should not have awarded attorney fees to the Union and Ray. “The District Court has authority to award attorney’s fees where it determines that a party has without justification refused to abide by the award of an arbitrator.” United Steelworkers v. U. S. Gypsum Co., 492 F.2d 713, 734 (5th Cir.), cert. denied, 419 U.S. 998, 95 S.Ct. 312, 42 L.Ed.2d 271 (1974). Cotton Brothers failed to present a genuine issue of material fact in opposing the motion to enforce the award, and under all the circumstances we cannot say that the District Court abused its discretion in the award of attorneys’ fees.
  AFFIRMED.
  . United Steelworkers v. American Manufacturing Co., 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403 (1960); United Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574, 80 S.Ct. 1347, 4 L.Ed.2d 1409 (1960); United Steelworkers v. Enterprise Corp., 363 U.S. 593, 80 S.Ct. 1358, 4 L.Ed.2d 1424 (1960).
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  In some cases there is some confusion over who should be listed as the appellant and who as the respondent. This confusion is primarily the result of the presence of multiple docket numbers consolidated into a single appeal that is disposed of by a single opinion. Most frequently, this occurs when there are cross appeals and/or when one litigant sued (or was sued by) multiple litigants that were originally filed in district court as separate actions. The coding rule followed in such cases should be to go strictly by the designation provided in the title of the case. The first person listed in the title as the appellant should be coded as the appellant even if they subsequently appeared in a second docket number as the respondent and regardless of who was characterized as the appellant in the opinion.
  To clarify the coding conventions, consider the following hypothetical case in which the US Justice Department sues a labor union to strike down a racially discriminatory seniority system and the corporation (siding with the position of its union) simultaneously sues the government to get an injunction to block enforcement of the relevant civil rights law. From a district court decision that consolidated the two suits and declared the seniority system illegal but refused to impose financial penalties on the union, the corporation appeals and the government and union file cross appeals from the decision in the suit brought by the government. Assume the case was listed in the Federal Reporter as follows:
  United States of America,
  Plaintiff, Appellant
  v
  International Brotherhood of Widget Workers,AFL-CIO
  Defendant, Appellee.
  International Brotherhood of Widget Workers,AFL-CIO
  Defendants, Cross-appellants
  v
  United States of America.
  Widgets, Inc. & Susan Kuersten Sheehan, President & Chairman
  of the Board
  Plaintiff, Appellants,
  v
  United States of America,
  Defendant, Appellee.
  This case should be coded as follows:Appellant = United States, Respondents = International Brotherhood of Widget Workers Widgets, Inc., Total number of appellants = 1, Number of appellants that fall into the category "the federal government, its agencies, and officials" = 1, Total number of respondents = 3, Number of respondents that fall into the category "private business and its executives" = 2, Number of respondents that fall into the category "groups and associations" = 1.
  Your task is to identify the state of the first listed state or local government agency that is an appellant.
choices: not Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachussets Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New New New New North North Ohio Oklahoma Oregon Pennsylvania Rhode South South Tennessee Texas Utah Vermont Virginia Washington West Wisconsin Wyoming Virgin Puerto District Guam not Panama