Eagle Energy, Inc. v. District 17, United Mine Workers of America

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendants’ motion to dismiss. The matter is ripe for review. For the reasons that follow, the Court GRANTS IN PART Defendants’ motion.

I. FACTUAL BACKGROUND

Prior to the filing of this complaint, the parties submitted their grievance to an arbitrator. Arbitrator Kathleen Spilker Jones rendered an award on August 8, 1997, sustaining the grievance filed by Defendants’ members. Copies of the decision were forwarded by mail. Terry Adkins, who represented Eagle Energy at the arbitration healing, received a copy of the decision on August…