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UNITED FOOD & COMMERCIAL WORK. UNION 1776 v. EXCEL CORPORATION

Nos. 05-2091, 05-2259.

470 F.3d 143 (2006)

UNITED FOOD & COMMERCIAL WORKERS UNION LOCAL 1776, Appellant v. EXCEL CORPORATION. United Food & Commercial Workers, Union Local 1776 v. Excel Corporation Cargill Meat Solutions, (f/k/a Excel Corporation), Appellant.

United States Court of Appeals, Third Circuit.

Filed December 1, 2006.

Attorney(s) appearing for the Case

Robert D. Mariani, Scranton, PA, Attorney for Appellant/Cross-Appellee United Food & Commercial Workers, Union Local 1776.

Anneliese Wermuth, Joseph E. Tilson, Meckler, Bulger & Tilson, Chicago, IL, Vincent Candiello, Post & Schell, Harrisburg, PA, Attorneys for Appellee/Cross-Appellant Excel Corporation.

Before SLOVITER, CHAGARES, and NYGAARD, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) November 7, 2006.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue on appeal is whether an employer has satisfied an arbitrator's award when it pays the employee back wages and simultaneously terminates the employee a second time for conduct independent of the first termination.1 This is a novel issue for this court.

The District Court held that the employee must...

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