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FLOWERS v. LOCAL 2602 OF UNITED STEEL WORKERS

No. 957, Docket 80-7020.

671 F.2d 87 (1982)

Donald C. FLOWERS and King E. Jones, Appellants, v. LOCAL 2602 OF the UNITED STEEL WORKERS OF AMERICA, and United Steel Workers of America, International, and Bethlehem Steel Corporation, Appellees.

United States Court of Appeals, Second Circuit.

Decided February 1, 1982.

Attorney(s) appearing for the Case

Frank S. Kedzielawa, Buffalo, N. Y. (Eugene W. Salisbury, Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y., of counsel), for appellants.

Michael H. Gottesman, Washington, D. C. (Bredhoff, Gottesman, Cohen & Weinberg, Washington, D. C., McMahon & Crotty, Buffalo, N. Y., Bernard Kleiman, Chicago, Ill., of counsel), for appellees Local 2602 of the United Steel Workers of America, and United Steel Workers of America, Intern.

H. Kenneth Schroeder, Jr., Buffalo, N. Y. (David A. Farmelo, Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y., of counsel), for appellee Bethlehem Steel Corp.

Before LUMBARD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

On May 4, 1981 the Supreme Court vacated this court's judgment, made by summary order, in favor of appellants Flowers and Jones, and remanded this action for further consideration in light of United Parcel Service, Inc. v. Mitchell, 451 U.S. 56, 101 S.Ct. 1559, 67 L.Ed.2d 732 (1981).

Flowers and Jones, craft welders at the Bethlehem Steel Corporation, commenced this action against both their employer...

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