Meat Cutters Local Number 439 v. Olson Bros.

This appeal is from two orders vacating that portion of an arbitration award entitling an employee to reinstatement and confirming the award as partially vacated, and denying appellant’s motion to confirm the award in full.

Pertinent facts, as reflected in the opinion of the arbitrator, relate to the termination of employment by respondent employer of one Guthary, member of appellant union. On November 28, 1958, respondent’s plant manager told Guthary there would no longer be any maintenance work at its Pontana plant; Guthary did not ask if any other work which he could perform was available nor did he assert he was entitled to displace any other employee because of his seniority, although there were several employees having less seniority than he doing work of a type within his capabilities. The manager offered Guthary no other job. On December 1, 1958, a representative of appellant union wrote respondent demanding Guthary be reinstated with back pay on the ground his ‘1 discharge” was without cause; respondent replied that Guthary’s “separation” from its payroll was due solely to economic conditions and did not constitute a discharge. Negotiations ' between the union…