DAVIS v. OHIO BARGE LINE, INC.

Civ. A. No. 81-2268.

535 F.Supp. 1324 (1982)

David A. DAVIS, Plaintiff, v. OHIO BARGE LINE, INC., a corporation, and National Maritime Union of America AFL CIO, port of Pittsburgh, Defendants.

United States District Court, W. D. Pennsylvania.

April 8, 1982.


Attorney(s) appearing for the Case

Peter M. Suwak, Washington, Pa., for plaintiff.

Anthony J. Polito, Corcoran, Hardesty, Ewart, Whyte & Polito, Richard D. Gilardi, Gilardi & Cooper, Pittsburgh, Pa., George J. Cappiello, Jr., Phillips & Cappiello, New York City, for defendants.


OPINION

COHILL, District Judge.

On October 16, 1978, defendant, Ohio Barge Line, Inc. ("OBL"), hired plaintiff, David A. Davis, a controlled epileptic, to work as a deck hand. Eight days later, OBL discharged plaintiff. At that time, plaintiff did not file or process a grievance protesting his discharge under the applicable collective bargaining agreement. Instead, as indicated by the "Settlement Agreement" attached to his complaint as Exhibit A, plaintiff...

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