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UNITED INDUS. WORKERS v. GOVERNMENT OF V.I.

No. 92-7250.

987 F.2d 162 (1993)

In the Matter of the Arbitration Between UNITED INDUSTRIAL WORKERS, SERVICE, TRANSPORTATION, PROFESSIONAL GOVERNMENT OF NORTH AMERICA OF the SEAFARERS' INTERNATIONAL UNION OF NORTH AMERICA, ATLANTIC, GULF, LAKES AND INLAND WATERS DISTRICT AFL-CIO, (LOCAL # 16) on Behalf of Donald M. BOUTON v. GOVERNMENT OF THE VIRGIN ISLANDS, V.I. Department of Justice (Formerly Department of Law), United Industrial Workers, Service, Transportation, Professional and Government of North America of the Seafarers' International Union of North America, Atlantic Gulf, Lakes and Inland Waters District AFL-CIO (Local # 16) on Behalf of Donald M. Bouton, (hereinafter referred to as "Bouton"), Appellant.

United States Court of Appeals, Third Circuit.

Decided February 12, 1993.

Attorney(s) appearing for the Case

Brenda J. Hollar (argued), Charlotte Amalie, St. Thomas, U.S.V.I., for appellant.

Rosalie Simmonds Ballentine, Atty. Gen., Paul L. Gimenez (argued), Dept. of Justice, Charlotte Amalie, U.S.V.I., Counsel to Atty. Gen.

Allen Poppleton, Office of Collective Bargaining, St. Thomas, VI, for appellee.

Before: BECKER, COWEN and ROTH, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

Donald Bouton, a government employee discharged for persistently violating the dress code, filed a complaint alleging that he was wrongfully terminated for failure to comply with an illegal directive. He appeals the arbitration decision that dismissed his complaint on the grounds that he was not covered by the applicable collective bargaining agreement ("CBA"). Although the CBA authorized a government agency to...

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