International Union of Electrical & Machine Workers, Local No.1140 v. Portec, Inc.

Sheran, Chief Justice.

This is a proceeding commenced upon motion of the International Union of Electrical and Machine Workers of America, Local No. 1140 (hereinafter “the Union”), to modify an arbitrator’s award ordering a discharged employee reinstated without backpay on the ground that the arbitrator had awarded upon a matter not submitted to him.1 After hearing, upon the affidavits and oral arguments of the parties, the trial court granted the Union’s motion and ordered that the sentence relating to backpay be stricken from the arbitrator’s award. The employer has appealed from that order.2