Sunshine Mining Company v. United Steelworkers of America, Afl-Cio, Clc and Local 5089, United Steelworkers of America

Appellants, United Steelworkers of America, AFL-CIO, and Local 5089, United Steelworkers of America (the “Union”), appeal from the judgment and order of the district court, which vacated portions of an arbitration award, closed the arbitration hearing, and denied the grievance filed on behalf of Russell Carlson by the Union against appellee, Sunshine Mining Company (the “Company”). For the reasons set forth below, we reverse the decision of the district court with instructions to remand the grievance to the arbitrator.

I

The controversy in issue involves the discharge of a miner, Russell Carlson, by the Company on April 19, 1984. Carlson worked at the Company for a total of seven years. In 1981, he received a head injury in a rock fall and was referred to a neurologist. The neurologist noted no signs of permanent psychological problems, although he recommended that Carlson engage in surface work for several months. Carlson eventually returned to underground mining in January 1982. Between February and October of 1983, Carlson accumulated a number of unexcused absences and was discharged. During the ensuing grievance, the Company agreed to reinstate Carlson on the condition that…