Rogers v. Allied Aviation Service Co. of New Jersey, Inc.

Second Circuit

Rogers v. Allied Aviation Service Co. of New Jersey, Inc.

315 F.2d 518, 52 L.R.R.M. (BNA) 2715, 1963 U.S. App. LEXIS 5775

CourtCourt of Appeals for the Second Circuit

DecidedMarch 25, 1963

DocketNo. 145, Docket 27734

StatusPublished

Cited by1 cases

This text of 315 F.2d 518 (Rogers v. Allied Aviation Service Co. of New Jersey, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rogers v. Allied Aviation Service Co. of New Jersey, Inc., 315 F.2d 518, 52 L.R.R.M. (BNA) 2715, 1963 U.S. App. LEXIS 5775 (2d Cir. 1963).

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Opinion

PER CURIAM.

Rogers was discharged for unauthorized absence from work. When his claim was submitted to arbitration, pursuant to the collective bargaining agreement, the arbitrator considered past instances of unexplained truancy and on that basis concluded that the discharge was for cause. Rogers attacks the scope of the matters considered by the arbitrator (specifically, the previous absences) on grounds we think frivolous. Certainly national labor policy militates toward allowing exceedingly wide discretion to arbitrators, see United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593, 80 S.Ct. 1358, 4 L.Ed.2d 1424; furthermore, past instances of similar misconduct would seem peculiarly pertinent to assessing the reasonableness of an employer’s discharge of an employee.

Affirmed.

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PER CURIAM.

Rogers was discharged for unauthorized absence from work. When his claim was submitted to arbitration, pursuant to the collective bargaining agreement, the arbitrator considered past instances of unexplained truancy and on that basis concluded that the discharge was for cause. Rogers attacks the scope of the matters considered by the arbitrator (specifically, the previous absences) on grounds we think frivolous. Certainly national labor policy militates toward allowing exceedingly wide discretion to arbitrators, see United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593, 80 S.Ct. 1358, 4 L.Ed.2d 1424; furthermore, past instances of similar misconduct would seem peculiarly pertinent to assessing the reasonableness of an employer’s discharge of an employee.

Affirmed.

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Bluebook (online)

315 F.2d 518, 52 L.R.R.M. (BNA) 2715, 1963 U.S. App. LEXIS 5775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-allied-aviation-service-co-of-new-jersey-inc-ca2-1963.

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