466 F.2d 1209 (10th Cir. 1972), 71-1548, Alexander v. Gardner-Denver Co.

Docket Nº:71-1548.
Citation:466 F.2d 1209
Party Name:Harrell ALEXANDER, Sr., Plaintiff-Appellant, v. GARDNER-DENVER COMPANY, a Delaware Corporation, Defendant-Appellee.
Case Date:August 11, 1972
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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466 F.2d 1209 (10th Cir. 1972)

Harrell ALEXANDER, Sr., Plaintiff-Appellant,

v.

GARDNER-DENVER COMPANY, a Delaware Corporation, Defendant-Appellee.

No. 71-1548.

United States Court of Appeals, Tenth Circuit.

Aug. 11, 1972

Henry V. Ellwood, Denver, Colo., for plaintiff-appellant.

Robert G. Good, Denver, Colo., for defendant-appellee.

Before HILL and BARRETT, Circuit Judges, and LANGLEY, District Judge.

PER CURIAM.

This appeal is from the granting of defendant-appellee's motion for summary judgment, by the United States District Court for the District of Colorado, in a civil action filed pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging racially motivated discriminatory employment practices by Gardner-Denver Company. Three grounds were advanced by Gardner-Denver in support of its motion. The first two bases challenged the timeliness of plaintiff's filing suit, and the trial court's jurisdiction following a finding of the Equal Employment Opportunity Commission (EEOC) of no reasonable cause to believe that Gardner-Denver had engaged in unlawful employment practices. These were decided adversely to Gardner-Denver. The third proposition asserted that submission of the employment grievance to an impartial arbitrator precluded Alexander from maintaining a Title VII civil action and that the decision of the arbitrator was binding. This was decided adversely to Alexander and forms the basis of his appeal.

Harrell Alexander, a Negro, was employed by Gardner-Denver for over three years. He had advanced to a trainee's position in the drill department. He had been awarded this position on June 11, 1968, after having been employed for over two years by appellee, and had held this same position until he was discharged on September 29, 1969. The reason assigned was Alexander's

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poor performance as a drill press trainee, as evidenced by his accumulations of excessive amounts of scrap.

The collective bargaining agreement provided that an employee who believed Gardner-Denver had disregarded the labor agreement could lodge a protest within five days of the asserted breach. Alexander filed his grievance, and it was denied by Gardner-Denver. Further pursuant to the Union Agreement provision for adjustment of grievances, the matter was submitted to arbitration. The arbitrator concluded the discharge was for...

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