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OCCIDENTAL CHEMICAL CORP. v. INTERN CHEMICAL WKRS UNION

No. 87-1728.

853 F.2d 1310 (1988)

OCCIDENTAL CHEMICAL CORPORATION, Plaintiff-Appellant, v. INTERNATIONAL CHEMICAL WORKERS UNION; Local 820 International Chemical Workers Union, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 1, 1988.

Attorney(s) appearing for the Case

Thomas P. Gies (argued), Crowell & Moring, Washington, D.C., Keith Fischler, William H. Fallon, Miller, Johnson, Snell and Cuminskey, Grand Rapids, Mich., for plaintiff-appellant.

Salvatore J. Falletta (argued), General Counsel, Akron, Ohio, for defendants-appellees.

Before LIVELY, KRUPANSKY and BOGGS, Circuit Judges.

LIVELY, Circuit Judge.

This appeal requires us to determine the most appropriate statute of limitations to apply in a case from Michigan, brought pursuant to § 301 of the Labor Management Relations Act of 1947 (LMRA) to vacate an arbitration award. The employer filed this action approximately five months after the arbitrator released his opinion and award. The district court applied the three-month limitations period found in § 12 of the United States Arbitration...

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