International Association Of Machinists & Aerospace Workers, District Lodge No. 50, Local Lodge No. 389, Plaintiff-Appellee v. San Diego Marine Construction Corp.

620 F.2d 736 104 L.R.R.M. (BNA) 2613 , 89 Lab.Cas. P 12,103 INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, DISTRICT LODGE NO. 50, LOCAL LODGE NO. 389, Plaintiff-Appellee, v. SAN DIEGO MARINE CONSTRUCTION CORP., a California Corporation, Defendant-Appellant. No. 78-2604. United States Court of Appeals, Ninth Circuit. June 4, 1980. Kathleen M. Kelly, Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for defendant-appellant. Douglas F. Olins, Olins & Foerster, San Diego, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Southern District of California. Before TUTTLE, * WALLACE and NELSON, Circuit Judges. NELSON, Circuit Judge: 1 This case arises from the San Diego Marine Construction Corporation's ("the Company's") decision to dismiss James Heller, the chief shop steward of Local 389 of the International Association of Machinists and Aerospace Workers ("the Union"). Heller and the Union protested the dismissal before an arbitrator, asserting, among other things, that the Company fired Heller without just cause. The arbitrator found that, although Heller's misconduct justified disciplining him, firing him was too…