Fedor, Kenneth and Sheridan, William v. Hygrade Food Products Corporation and u.f.c.w.-local 195

OPINION OF THE COURT

The question for decision is whether the district court erred in determining that plaintiffs’ complaint against a company and a union to set aside an arbitration award was barred by provisions of 42 Pa.C.S.A. § 7314(b), which provides that an application to vacate an arbitration award “shall be made within thirty (30) days after delivery of a copy of the award to the appellant” except in cases of fraud. A threshold question requires us to decide whether plaintiffs’ action against the union was one to vacate an award.

We quickly dispose of appellants’ preliminary contention.…