Legal Opinion

Erhard v. Local Union No. 604

District Court, W.D. New York

Decided February 14, 1996No. 95-CV-6279LPublished

1Opinion of the Court

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

Plaintiff brings this action pursuant to the National Labor Relations Act, 29 U.S.C. § 151 et seq., and § 301 of the Labor Management Relations Act, 29 U.S.C. § 185. Pending before the Court is defendants’ motion to strike and to dismiss various portions of plaintiff’s complaint, pursuant to Fed. R.Civ.P. 12(f) and Fed.R.Civ.P. 12(b)(6).

FACTS

Plaintiff, Robert A. Erhard, Jr., worked as a fuel pump assembler for Purolator Products Company (“Purolator”) from October 12, 1992 until March 7, 1994. Throughout his employment, plaintiff was covered…

2Cases cited8 opinions

  1. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  2. International Brotherhood of Electrical Workers v. FoustSupreme Court of the United States · 1979
  3. Ina King v. The New York Telephone Company, Inc., and the Telephone Traffic Union (New York)Court of Appeals for the Second Circuit · 1986
  4. Demchik v. General Motors Corp.Court of Appeals for the Second Circuit · 1987
  5. Eatz v. DME Unit of Local Union No. 3 of the International Brotherhood of Electrical WorkersCourt of Appeals for the Second Circuit · 1986

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