The opinion of the court was delivered by: GRIM
Defendant discharged from its employ Raymond Freedman, president of plaintiff union, after discovering that and because Freedman had obtained possession of, and made notes in his own handwriting from, confidential company memoranda prepared by defendant's negotiators for use in wage negotiations with the union. Freedman represented the union in these negotiations. He refused to say how or from whom he got possession of the memoranda.
The union objected to Freedman's discharge, and under the collective bargaining agreement in effect between the parties the grievance arising therefrom was submitted to arbitration.
Freedman testified before the arbitrator, but refused to testify as to the name of the person who showed him the memoranda or as to any of the circumstances under which they were shown to him.
The arbitrator made the following award:
'The grievance is denied. The Company properly discharged Raymond Freedman for 'just cause' under Section 8.01 of the October, 1958, Agreement.'
Thereafter, when defendant refused to join in a union request to the arbitrator to review his award, plaintiff union brought this action to vacate, correct, or modify the award. Both parties have moved for summary judgment.
1. That the arbitrator erred in stating that Freedman alleged that someone else stole the memoranda.
2. That the arbitrator erred in stating that Freedman refused to stand cross-examination of the truth of his defense and that this destroyed it as meaningful evidence, and that the arbitrator must conclude that he stole the notes.
3. That Freedman was entitled to and was denied, the presumption of innocence until proven guilty.
4. That the company produced no evidence that the memoranda had been stolen.
5. That the company's case rested on vague hearsay testimony.
6. That Freedman was denied due process since he was not advised of the charge against him.
7. That since the charge against Freedman was 'flagrant misconduct' and since the arbitrator found that his discharge was for 'just cause', the charge was not made out and the discharge should be set aside.
8. That the arbitrator may not 'hand pick his own charge of 'just cause' in place of' the cause on which the ...