The Anaconda Company v. Great Falls Mill & Smeltermen's Union No. 16

402 F.2d 749 The ANACONDA COMPANY, Appellant, v. GREAT FALLS MILL & SMELTERMEN'S UNION NO. 16 OF The INTERNATIONAL UNION OF MINE MILL & SMELTERWORKERS and the International Union of Mine, Mill& Smelterworkers, Appellees. No. 21741. United States Court of Appeals Ninth Circuit. Oct. 31, 1968. R. Lewis Brown, Jr. (argued), Butte, Mont., for appellant. Charles Huppe (argued), Helena, Mont., for appellees. Before ELY and CARTER, Circuit Judges, and PECKHAM, * District judge. ELY, Circuit Judge: 1 This appeal is from a summary judgment which upheld an arbitration award. The arbitrator rested his award upon a collective bargaining agreement between the appellant employer, Anaconda, and the appellee, Great Falls, a labor organization. The District Court had jurisdiction under 29 U.S.C. 185 and ours is conferred by 28 U.S.C. 1291. 2 The parties disagreed as to the order of priority in which employees of Anaconda were to be returned to work following a strike which occurred in January 1964. The union contended that provisions within the collective bargaining agreement relating to 'layoffs in a department' were applicable to the order of recall after this strike. The company…