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PAPER, ALLIED-INDUSTRIAL v. EXXONMOBIL REFINING

No. 05-20281.

449 F.3d 616 (2006)

PAPER, ALLIED-INDUSTRIAL, CHEMICAL AND ENERGY WORKERS INTERNATIONAL UNION LOCAL NO. 4-2001, Plaintiff-Appellee, v. EXXONMOBIL REFINING & SUPPLY COMPANY, a Division of ExxonMobil Corporation, Doing Business as Exxon Company USA, a Division of Exxon Corporation; et al., Defendants, ExxonMobil Refining & Supply Company, a Division of ExxonMobil Corporation, Doing Business as Exxon Company USA, a Division of Exxon Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 10, 2006.

Attorney(s) appearing for the Case

Jim Hart, Byron M. Buchanan (argued), Williams & Bailey, Houston, TX, for Plaintiff-Appellee.

James V. Carroll, III (argued), James Bradley Spalding, Juan Daniel Rodriguez, Littler Mendelson, Houston, TX, for Defendant-Appellant.

Before SMITH, BARKSDALE and DENNIS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

ExxonMobil Refining & Supply Company ("Exxon") appeals a decision sending to arbitration a grievance filed by the Paper, Allied-Industrial, Chemical and Energy Workers International Union Local No. 4-2001 on behalf of Elizabeth Salinas. We affirm.

I.

In January 2001, Exxon transferred Salinas to the Clerical Unit as a Senior Administrative Assistant because her medical condition had caused her to become unable to...

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