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TIMKEN COMPANY v. UNITED STEELWORKERS OF AMERICA

No. 73-1487.

492 F.2d 1178 (1974)

The TIMKEN COMPANY, Plaintiff-Appellant, v. UNITED STEELWORKERS OF AMERICA et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 22, 1974.

Attorney(s) appearing for the Case

John F. Buchman, Canton, Ohio, for plaintiff-appellant; Robert M. Rybolt, John F. Buchman, Day, Ketterer, Raley, Wright & Rybolt, Canton, Ohio, on brief.

Rudolph L. Milasich, Jr., Pittsburgh, Pa., for defendants-appellees; Carl B. Frankel, Pittsburgh, Pa., Bredhoff, Cushman, Gottesman & Cohen, Washington, D. C., Clayman, Jaffy & Taylor, Columbus, Ohio, on brief; Bernard Kleiman, Chicago, Ill., Joseph M. Coyle, Asst. Gen. Counsel, United Steelworkers of America, Canton, Ohio, of counsel.

Before EDWARDS, CELEBREZZE and MILLER, Circuit Judges.

WILLIAM E. MILLER, Circuit Judge.

This is an appeal from the district court's order upholding the action of an arbitrator in directing the reinstatement of a discharged employee but without back pay. In a dispute over a relatively minor matter, the employee while at work struck a company inspector with his open hand. This was in violation of a company rule which prohibited any employee from striking or fighting with a fellow employee. In case of violation, discharge...

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