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SHEET METAL WORKERS INTERN. v. POWER CITY PLUMBING & HEATING

No. 90-1753.

934 F.2d 557 (1991)

SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 33 OF NORTHERN OHIO NO. 70, Plaintiff-Appellee, v. POWER CITY PLUMBING & HEATING, INC., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1991.

Attorney(s) appearing for the Case

Geary M. Battistelli, Beneke, Battistelli & Bermer, Wheeling, W. Va., for defendant-appellant.

Joseph John Allotta, Allotta and Farley Co., L.P.A., Toledo, Ohio, for plaintiff-appellee.

Before SPROUSE, Circuit Judge, CHAPMAN, Senior Circuit Judge, and COPENHAVER, United States District Judge for the Southern District of West Virginia, sitting by designation.

SPROUSE, Circuit Judge:

In this appeal we consider the district court's decision that the United States Arbitration Act's ("USAA")1 three-month statute of limitations should be applied to a motion to vacate an arbitration award in a labor dispute context. The plaintiff, Sheet Metal Workers International Association Union Local 33 ("Union"), brought suit against Power City Plumbing & Heating, Inc. ("Power City") to enforce an arbitration...

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