Mandel v. HIGHWAY AND LOCAL MOTOR FREIGHT DRIVERS, ETC.

COOPER, District Judge.

The union moves pursuant to Rule 12 F.R.Civ.P. to dismiss the first cause of action.

Yale Transport Corp. and Yale Express System, Inc. (hereinafter Management) move pursuant to Rule 12 F.R.Civ.P. to dismiss the second, third and fourth causes of action.

This memorandum undertakes to dispose of both motions.

UNION’S MOTION TO DISMISS

Plaintiffs aver that they now have, and for several years have had, substantial claims and grievances against management arising out of the collective bargaining agreement; that despite its repeated demands over a period of six years, the union…