Buckley v. Gallo Sales Co.

ORDER

THELTON E. HENDERSON, Chief Judge.

This matter came on for oral argument before the Court on October 28, 1996, upon defendant’s “12(b) motion to stay court proceedings pending arbitration of plaintiffs first cause of action and to dismiss plaintiffs second cause of action.” For the reasons discussed below, this Court hereby DENIES defendant’s motion.

FACTUAL BACKGROUND

In November 1976, plaintiff, Jerry Buckley, was hired by the defendant, Gallo Sales Company, as a delivery truck driver. Plaintiffs employment was governed by the collective bargaining agreement (CBA) between Gallo and the…