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DOW CHEMICAL CO. v. INTERNATIONAL U. OF ELEC., R. & M. WKRS.

No. 72-1369.

480 F.2d 433 (1973)

DOW CHEMICAL COMPANY, Plaintiff-Appellee-Cross Appellant, v. INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, AFL-CIO, et al., Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 7, 1973.

Attorney(s) appearing for the Case

Frank E. Hamilton, Jr., Tampa, Fla., Winn Newman, Gen. Counsel, International Union of Electrical, Radio & Machine Workers, AFL-CIO, Irving Abramson, Richard Scupi, Washington, D. C., for defendants-appellants.

Jesse S. Hogg, Coral Gables, Fla., for plaintiff-appellee.

Before COLEMAN and SIMPSON, Circuit Judges, and ESTES, District Judge.

COLEMAN, Circuit Judge:

On an around the clock, three shifts basis, Dow Chemical Company owned and operated a plant at Tampa, Florida, which produced polyethylene containers, mostly for the Clorox Company. Dow's employees were represented by the International Union of Radio, Electrical and Machine Workers, AFL-CIO and its affiliated Local 153. The contract between the union and the company had a no-strike clause which provided for a mandatory three-step grievance...

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