General Drivers, Warehousemen and Helpers, Local Union No. 89 v. Hays & Nicoulin, Inc.

Plaintiff Union appeals from the District Court’s entry of summary judgment in favor of defendant Company. The effect of the lower court’s decision was to overturn an arbitration award directing the Company to reinstate a discharged employee with back pay. The Company’s justification for the dismissal was that the employee’s bad health rendered him unfit for his job.

The arbitrator based his decision on an interpretation of the following provision, § 2.20, of the collective bargaining agreement:

The qualified employee with the greater seniority and ability to perform the work remaining to be…