Legal Opinion

Emerick v. McConway & Torley Corp.

District Court, E.D. Pennsylvania

Decided December 11, 1986No. Civ. A. 85-6297PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

HUYETT, District Judge.

Pending before me is defendant International Molders & Allied Workers Union, Local No. 316’s (Union) motion to strike plaintiffs demand for a jury trial. For the reasons stated below, I will deny the motion.

Plaintiff claims that defendant McConway & Torley Corporation wrongfully discharged him in violation of the collective bargaining agreement and that the Union breached its duty of fair representation by refusing to process his grievance to arbitration. Plaintiff seeks reinstatement and damages. The Union argues that a jury trial is not available…

2Cases cited12 opinions

  1. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  2. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
  3. Curtis v. LoetherSupreme Court of the United States · 1974
  4. Ross v. BernhardSupreme Court of the United States · 1969
  5. Jacob v. New York CitySupreme Court of the United States · 1942

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Terry v. Chauffeurs, Teamsters & Helpers, Local 391District Court, M.D. North Carolina · 1987
  2. King v. Fox Grocery Co.District Court, W.D. Pennsylvania · 1988
  3. Nicely v. USXDistrict Court, W.D. Pennsylvania · 1989

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API