Commodity Warehousing Corp.

60 Lab. Arb. Rep. 1260 (1973)

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Commodity Warehousing Corp.

Labor Arbitration
60 Lab. Arb. Rep. 1260 (1973)

Facts

Police officers discovered stolen meat in an arrestee’s car. The meat was stolen from the arrestee’s employer, the Commodity Warehousing Corporation (employer) (defendant). The arrestee then told the police officers and the employer that another employee helped him steal the meat. Although criminal charges were brought against the arrestee and the employee, a court concluded that the search was illegal and dismissed the cases. The union (plaintiff) brought a grievance on behalf of the employee. The arrestee testified at the grievance hearing and claimed that he stole meat with the employee multiple times. The employee denied doing so. The union then moved to quash all evidence seized from the police officer’s search of the arrestee and all evidence resulting from the search. The employer and the union disputed whether the employee could suppress evidence from the search because the search was aimed at the arrestee, not the employee.

Rule of Law

Issue

Holding and Reasoning (Doppelt, Arbitrator)

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