Legal Opinion

Local 771, I.A.T.S.E. v. Rko General, Inc.

District Court, S.D. New York

Decided August 24, 1976No. 75 Civ. 906 (MP)Published

1Opinion of the Court

OPINION

POLLACK, District Judge.

The employer (sometimes “the Company” hereafter) seeks to confirm and the Union (sometimes “Local 771” hereafter) on behalf of employees seeks to vacate an arbitrator’s Award declaring that a labor dispute submitted for arbitration pursuant to the collective bargaining agreement between the parties is no longer arbitrable because it is time barred under the limitary provision of that agreement.

The controversy started out as a lawsuit before the Court filed on February 21, 1975 based on Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 and 28…

2Cases cited16 opinions

  1. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  2. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  3. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  4. Fed. Sec. L. Rep. P 93,679 in the Matter of the Arbitration Between Herbert Sobel, and Hertz, Warner & Co.Court of Appeals for the Second Circuit · 1972
  5. Swift Industries, Inc., in No. 71-1420 v. Botany Industries, Inc., in No. 71-1421Court of Appeals for the Third Circuit · 1972

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