Communications Workers of America v. General Telephone Co.

Plaintiff union appeals from a judgment affirming an arbitration award. We affirm.

This case arises out of a grievance proceeding by the union, on behalf of one of its members (Claude Baptiste), to set aside Baptiste’s discharge by respondent. Baptiste had, while engaged on the employer’s business, become involved in an “altercation” with a citizen that resulted in injuries to the citizen. In spite of Baptiste’s claims made to his supervisor that the injuries were committed in self-defense, he was discharged. That discharge was the subject matter of the grievance proceeding which, pursuant to the collective bargaining agreement, ultimately proceeded to arbitration.

After the arbitration proceeding was instituted, but before it was set for hearing, Baptiste proceeded to seek, and obtain, a series of other employments. Shortly before the hearing date was set, he was offered a job on an offshore drilling project in Surinam, South America. A condition of that employment was that he leave immediately for Surinam; he was furnished transportation (apparently in an aircraft furnished by the employer) and advanced $150. Baptiste asserts that, because of time limitations, he did…