Gerald E. Smith, Sr. v. Yellow Freight System, Inc.

HILL, Circuit Judge.

Appellant Gerald E. Smith, Sr., was employed by appellee Yellow Freight System, Inc., as a road truck driver from about May 20, 1968, until late January 1971. In January 1971, appellant was involved in a truck collision which caused considerable damage to his employer’s equipment and injuries to appellant. Appellant was discharged following the accident “for having two chargeable accidents within a five month period.” 1

Appellant filed a grievance concerning his discharge; three grievance hearings were held and appellant’s grievance was denied each time. In these hearings,…