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PERMA-LINE CORP. OF AMERICA v. SIGN PICTORIAL, ETC.

No. 124, Docket 80-7416.

639 F.2d 890 (1981)

PERMA-LINE CORPORATION OF AMERICA, Appellant, v. SIGN PICTORIAL AND DISPLAY UNION, LOCAL 230, INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES, AFL-CIO, Appellee.

United States Court of Appeals, Second Circuit.

Decided January 23, 1981.

Attorney(s) appearing for the Case

Roger H. Briton, New York City (Fred C. Klein, Richard J. Reibstein, Seham, Klein & Zelman, New York City, of counsel), for appellant.

Seymour M. Waldman, New York City (Martin Markson, Waldman & Waldman, New York City, of counsel), for appellee.

Before MULLIGAN and OAKES, Circuit Judges, and METZNER, District Judge.

OAKES, Circuit Judge:

Perma-Line Corporation of America seeks to overturn an arbitration award reinstating, without back pay, a union shop steward discharged for fighting on the job. The arbitrator, asked to determine whether the shop steward had been discharged for cause, held that he could not be discharged at all, under a provision in the collective bargaining agreement requiring union consent to layoff or discharge of stewards. This appeal is from a summary judgment...

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