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  5. 228 N.W.2d 239 (1975)
 

INTERN. U. OF E. & M. WKRS. v. PORTEC, INC.

No. 44524.

228 N.W.2d 239 (1975)

INTERNATIONAL UNION OF ELECTRICAL AND MACHINE WORKERS OF AMERICA, LOCAL NO. 1140, Respondent, v. PORTEC, INC., etc., Appellant.

Supreme Court of Minnesota.

March 28, 1975.

Attorney(s) appearing for the Case

Dorsey, Marquart, Windhorst, West & Halladay and John C. Zwakman and William E. Martin, Minneapolis, for appellant.

Helgesen, Peterson, Engberg & Spector, Francis X. Helgesen and Robert J. Tennessen, Minneapolis, for respondent.

Heard before SHERAN, C. J., and ROGOSHESKE, PETERSON, MacLAUGHLIN and SCOTT, JJ., and considered and decided by the court en banc.

SHERAN, Chief Justice.

This is a proceeding commenced upon motion of the International Union of Electrical and Machine Workers of America, Local No. 1140 (hereinafter "the Union"), to modify an arbitrator's award ordering a discharged employee reinstated without backpay on the ground that the arbitrator had awarded upon a matter not submitted to him.1 After hearing, upon the affidavits and oral arguments of the parties, the trial court...

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