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KEEBLER CO. v. TRUCK DRIVERS, LOCAL 170

No. 00-1994.

247 F.3d 8 (2001)

KEEBLER COMPANY, Plaintiff, Appellee, v. TRUCK DRIVERS, LOCAL 170, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 23, 2001.

Attorney(s) appearing for the Case

Scott W. Ellis, with whom Richard J. Rafferty, Jr., and Eden Tolins & Rafferty were on brief, for appellant.

Kent D.B. Sinclair, with whom Seyfarth Shaw was on brief, for appellee.

Before BOUDIN, Circuit Judge, BOWNES, Senior Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

On April 27, 1999, the Keebler Company discharged an employee, Michael Menchin, for gross insubordination and fighting on the job. Menchin and his union, Truck Drivers, Local 170, took the matter to arbitration, as they were entitled to do under the Union's collective bargaining agreement with the company. The arbitrator found that Keebler did not have just cause to terminate Menchin, but did have just cause to suspend him, and ordered his reinstatement...

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