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WATER WORKS EMP. v. BOARD OF WATER WORKS

No. 79CA0631.

615 P.2d 52 (1980)

WATER WORKS EMPLOYEES LOCAL NO. 1045, AFSCME, AFL-CIO, and Ted Brennan, Steve Brown, Wilfred Couture, Richard Esgar, Chester Evans, Ben Gomez, Ray Hurt, D. K. Martin, Wes Popp, Anthony Sanchez, Tony Wagner and Gary Winters, Plaintiffs-Appellants, v. The BOARD OF WATER WORKS and Howard E. Whitlock, Verdon L. Johnson, Bret Kelly, Owen G. McKinney, and Joseph Ott, as Members of the Board, and Individually, and Larry C. Fountaine, as Executive Director of the Board, and Individually, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 8, 1980.

Certiorari Denied July 14, 1980.

Attorney(s) appearing for the Case

Myrick, Newton & Sullivan, P. C., William E. Myrick, James W. Nearen, Jr., Denver, for plaintiffs-appellants.

Petersen & Fonda, P. C., William F. Mattoon, Pueblo, for defendant-appellee Board of Water Works.

Laurence A. Ardell, Mickey W. Smith, Pueblo, for defendants-appellees Howard E. Whitlock, Verdon L. Johnson, Bret Kelly, Owen G. McKinney, Joseph Ott, and Larry C. Fountaine.

COYTE, Judge.

Plaintiffs appeal from an order of the trial court dismissing their second claim for relief. We affirm.

In 1977, defendants (the board) entered into a three year working agreement with Local 1045, AFSCME, AFL-CIO (the Union). The working agreement contained a grievance procedure which included as its final step the following:

"Section H (Fourth Step) Either party may, five (5) working days after reply from Executive Director, by written...

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