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LOCAL 2322, INTERN. BROTH. v. VERIZON NEW ENGLAND, INC.

Nos. 06-1170, 06-1169.

464 F.3d 93 (2006)

LOCAL 2322, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, Plaintiff, Appellant/Cross-Appellee, v. VERIZON NEW ENGLAND, INC., Defendant, Appellee/Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided September 28, 2006.

Attorney(s) appearing for the Case

Alfred Gordon with whom Harold L. Lichten and Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C. were on brief for plaintiff, appellant/cross-appellee.

James W. Bucking with whom Alicia Alonso Matos and Foley Hoag LLP were on brief for defendant, appellee/cross-appellant.

Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.

BOUDIN, Chief Judge.

Thomas Ouellette, a Verizon employee, took the day off on December 2, 2002, to attend the funeral of his wife's grandfather and was disciplined. This in turn led to arbitration and to the present appeal, which presents a procedural issue of some importance. The events following Ouellette's December 2 day away from work can be briefly summarized.

Because Verizon considered the absence to be unauthorized, it suspended Ouellette for three...

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