The Boeing Company v. International Association of MacHinists and Aerospace Workers, Afl-Cio

JOHN R. BROWN, Chief Judge:

In this dynamic field of labor arbitration loosened by the Textile Workers Union of America v. Lincoln Mills, 1957, 353 U.S. 448, 77 S.Ct. 912, 1 L.Ed.2d 972, and given such stimulus by the trilogy cases, 1 this case under § 301, 29 U.S.C.A. § 185, adds a new wrinkle, cf. Mike Hooks, Inc. v. Pena, 5 Cir., 1963, 313 F.2d 696, 697, 1963 AMC 355. The issue can be briefly put. Where the disciplinary discharge by the employer takes place during the existence of the new contract which plainly calls for arbitration of discharge cases, is the grievance beyond the scope of…