United States Third Circuit

In an employment grievance arising from the termination of employees for theft and alleged subsequent post-termination misconduct, an order allowing the discharge of an employee for his post-termination conduct is affirmed where, under the circumstances of the case, employer's payment of back pay pursuant to an initial arbitral award for employee acted as an effective reinstatement, and it was free to terminate the employee a second time based on the independent grounds, pending a second arbitration.

Appellate Information

• Decided 12/01/2006
• Published 12/01/2006

Judges

• Before SLOVITER, CHAGARES, and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Robert D. Mariani, Scranton, PA, Attorney for Appellant/Cross-Appellee United Food & Commercial Workers, Union Local 1776., Anneliese Wermuth, Joseph E. Tilson, Meckler, Bulger & Tilson, Chicago, IL, Vincent Candiello, Post & Schell, Harrisburg, PA, Attorneys for Appellee/Cross-Appellant Excel Corporation.