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FEDERATED DEPT. STORES v. UNITED FOOD & COMMERCIAL WORKERS UNION, LOCAL 1442

No. 89-55156.

901 F.2d 1494 (1990)

FEDERATED DEPARTMENT STORES, dba Ralphs Grocery Company, Petitioner-Cross-Respondent-Appellee, v. UNITED FOOD & COMMERCIAL WORKERS UNION, LOCAL 1442, Respondent-Cross-Petitioner-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 27, 1990.

Attorney(s) appearing for the Case

Henry M. Willis, Schwartz, Steinsapir, Dohrmann & Sommers, Los Angeles, Cal., for respondent-cross-petitioner-appellant.

Leroy D. Westmoreland and Steven Brennan, McLaughlin & Irvin, Los Angeles, Cal., for petitioner-cross-respondent-appellee.

Before GOODWIN, Chief Judge, TANG and BOOCHEVER, Circuit Judges.

GOODWIN, Chief Judge:

United Food and Commercial Workers Union, Local 1442 appeals a judgment vacating in part an arbitration award reinstating Juan Chao to his position as a checker/cashier for Federated Department Stores' Ralphs Giant Store No. 120 in Redondo Beach, California ("the Company"). We reverse.

The facts are undisputed. On the evening of May 28, 1987, Chao was scheduled to work from 6:00 to 10:00 p.m. Although the store was very busy, Chao clocked...

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