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TRAP ROCK INDUSTRIES v. LOCAL 825, INTERNATIONAL UNION OF OPERATING ENGINEERS

No. 92-5281.

982 F.2d 884 (1992)

TRAP ROCK INDUSTRIES, INC., Appellant, v. LOCAL 825, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Appellee.

United States Court of Appeals, Third Circuit.

Decided December 30, 1992.

Attorney(s) appearing for the Case

Jeffrey L. Braff (argued), Cohen, Shapiro, Polisher, Shiekman and Cohen, Philadelphia, PA, for appellant.

David Grossman (argued), Schneider, Cohen, Solomon, Leder & Montalbano, Cranford, NJ, for appellee.

Before MANSMANN, HUTCHINSON and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal presents for our review the question of the effect to be given a clause in a collective bargaining agreement which reserved to the employer's discretion the right to demote and ultimately to discharge an employee who failed to perform assigned duties properly or who failed to meet the qualifications of his job. The district court ruled against the employer and granted the Union's motion to compel arbitration...

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