Woodrow Haynes v. United States Pipe & Foundry Company (Anniston Soil Pipe Division, Formerly Known as T.C. King Pipe and Foundry Company)

GRIFFIN B. BELL, Circuit Judge:

This is an appeal from an order denying an employee the right to sue his employer for wrongful discharge. Appellant, employed by the appellee, was discharged during the term of a collective bargaining agreement in effect between his union and the employer. The suit for wrongful discharge was filed in the Ala bama state court as a common law action and the employer removed it to the federal court on the jurisdictional basis of § 301(a) of the National Labor Relations Act, 29 U.S.O.A. § 185. 1

The employer filed a defense in three counts. The second defense…