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IMC-AGRICO CO. v. INTERNATIONAL CHEMICAL WORKERS

No. 98-2441.

171 F.3d 1322 (1999)

IMC-AGRICO COMPANY, Plaintiff-Counterdefendant-Appellee, v. INTERNATIONAL CHEMICAL WORKERS COUNCIL OF THE UNITED FOOD AND COMMERCIAL WORKERS UNION, AFL-CIO and International Chemical Workers Union Council, Local 35-C, Defendants-Counterclaimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 8, 1999.

Attorney(s) appearing for the Case

Robert W. Lowrey, Randall Vehar, International Chemical Workers Union, Akron, OH, for Defendants-Counterclaimants-Appellants.

John E. Phillips, Stacy D. Blank, Holland & Knight, LLP, Tampa, FL, for Plaintiff-Counterdefendant-Appellee.

Before EDMONDSON, COX and MARCUS, Circuit Judges.

COX, Circuit Judge:

The International Chemical Workers Union Council, Local 35C appeals following the district court's vacatur of an arbitral award reinstating one of its members to employment with IMC-Agrico. We reverse and remand.

I. Background

Katherine Whitely is a member of the International Chemical Workers Union Council, Local 35C ("the Union") and a former employee of IMC-Agrico. Following a confrontation with her supervisor, IMC-Agrico terminated...

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