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SHEET METAL WORKERS INTL ASSN v. LOZIER CORP

No. 00-3113

255 F.3d 549 (2001)

SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, Local No. 3, Appellant, v. LOZIER CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 9, 2001

Attorney(s) appearing for the Case

M.H. Weinberg, argued, Omaha, NE, for appellant.

Sandra L. Maas, argued, Omaha, NE (Frank F. Pospishil, Omaha, NE, on the brief), for appellee.

Before RICHARD S. ARNOLD and MORRIS SHEPPARD ARNOLD, Circuit Judges, and BOGUE, District Judge.

BOGUE, District Judge.

An employee was terminated from Lozier Corporation and the Sheet Metal Workers' International Association, Local No. 3 ("Union") brought a grievance with the National Labor Relations Board NLRB ("NLRB"). The collective bargaining agreement between the Union and Lozier set forth the grievance procedure. At issue in this action is Step 4 which states:

Within three (3) working days after receipt of such list (referring to the Federal Mediation...

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