HUNTINGTON ALLOYS v. UNITED STEELWKRS. OF AMERICA

No. 79-1354.

623 F.2d 335 (1980)

HUNTINGTON ALLOYS, INC., Appellant, v. UNITED STEELWORKERS OF AMERICA; Local No. 40 of the United Steelworkers of America; Wilbert W. Ward, individually and as Staff Representative of United Steelworkers of America; R. L. Hinchman, individually and as President of Local No. 40 of the United Steel Workers of America; T. Day, Jr., individually and as Vice President of Local No. 40 of the United Steelworkers of America; D. E. Davis, individually and as Treasurer of Local No. 40 of the United Steelworkers of America, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 12, 1980.


Attorney(s) appearing for the Case

William A. Ziegler, Jr., New York City (Nadine Strossen, Sullivan & Cromwell, New York City, on brief), for appellant.

Rudolph Milasich, Jr., Asst. Gen. Counsel, United Steelworkers of America, Pittsburgh, Pa. (Stanley M. Hostler, Hostler & Shinaberry, Charleston, W. Va., Bernard Kleiman, Chicago, Ill., on brief), for appellees.

Before WINTER, WIDENER and PHILLIPS, Circuit Judges.


WINTER, Circuit Judge:

The district court confirmed and enforced an arbitration award against an employer despite the employer's claim that it was not timely under the provisions of the bargaining agreement pursuant to which the award was made and was therefore not binding. The district court ruled that the time constraints of the bargaining agreement had been waived by the parties, that they may have been met, and moreover, that the employer was not prejudiced by...

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