TODD SHIPYARDS CORP. v. INDUSTRIAL U. OF MARINE & SHIP. WKRS.

Civ. A. No. 391-63.

242 F.Supp. 606 (1965)

TODD SHIPYARDS CORPORATION, Plaintiff, v. INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL 15, AFL-CIO, Defendant.

United States District Court D. New Jersey.

June 14, 1965.


Attorney(s) appearing for the Case

O'Mara, Schumann, Davis & Lynch, Frederic W. Schumann, Jersey City, N. J., Cullen & Dykman, Robert B. Lisle, Brooklyn, N. Y., of counsel, for plaintiff.

Rothbard, Harris & Oxfeld, Abraham Friedman, Newark, N. J., for defendant.


SHAW, District Judge.

This is an action by plaintiff as employer against defendant union for declaratory judgment pursuant to 28 U.S.C. § 2201. Defendant, acting as the collective bargaining agent of employees of plaintiff, demanded arbitration of an alleged grievance. Plaintiff contends that the grievance asserted "presents no issue properly arbitrable" because the subject matter thereof had previously been determined by arbitration. Defendant denies that the...

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