Amalgamated Meat Cutters & Butcher Workmen of North America v. Penobscot Poultry Co.

GIGNOUX, District Judge.

This action, arising under Section 301 of the Labor Management Relations Act, 1947, 29 U.S.C.A. § 185, was brought by plaintiff union to obtain enforcement of an arbitration award. It is now before the Court upon defendant’s motion to dismiss for failure of the complaint to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b) (6), 28 U.S.C.A. Defendant contends that the complaint fails to state a claim because the award was made after an ex parte hearing and because the matters in dispute were not proper subjects for arbitration under the collective…