United States Fifth Circuit

A rational conclusion could be made that an employee's grievance over a suspension also covered his discharge, under the procedure set forth in a collective bargaining agreement, and that the employer's conduct excused a union's untimely arbitration, thus an arbitrator should decide whether the grievance should be arbitrated.

Appellate Information

• Decided 05/30/2003
• Published 05/30/2003

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH and BARKSDALE, Circuit Judges, and DUPLANTIER, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• G. William Baab (argued), Baab & Denison, Dallas, TX, for Plaintiff-Appellant.


• For Appellees:
  
• John V. Jansonius (argued), Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, for Defendant-Appellee.