International Association of MacHinists and Aerospace Workers, District No. 8, Aflcio v. J. L. Clark Company

KILEY, Circuit Judge.

This is an appeal by J. L. Clark Company (Company) from a summary judgment for International Association of Machinists and Aerospace Workers, District No. 8, AFL-CIO (Union) in the Union’s suit under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, to enforce an arbitration award. We reverse and remand.

The vital issue presented is whether an employee who abandoned a general strike against the Company and returned to work should be entitled to retain the position he now occupies despite the fact that his level of seniority is inferior to a -worker who,…