Arnold v. Great Atlantic & Pac. Tea Co., Inc.

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

Sixteen named plaintiffs bring this action under § 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a) alleging breach of a collective bargaining agreement by defendant Atlantic and Pacific Tea Company and breach of the duty of fair representation by their union, Warehouse Employee Union Local No. 169. A & P has moved for summary judgment on all counts of the plaintiffs’ complaint. For the reasons set forth below, A & P’s motion is granted in part and denied in part.

The suit arose out of A & P’s application of the terms of a…