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SUPER MKT. SERV. CORP. v. GENERAL DRIVERS, ETC., LOC. U. 229

Civ. A. No. 72-44.

340 F.Supp. 1143 (1972)

SUPER MARKET SERVICE CORPORATION, Plaintiff, v. GENERAL DRIVERS & HELPERS LOCAL UNION 229, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Defendant.

United States District Court, M. D. Pennsylvania.

April 5, 1972.

Attorney(s) appearing for the Case

Sheldon Rosenberg, of Nogi, O'Malley & Harris, Scranton, Pa., for plaintiff and Leonard L. Scheinholtz, of Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for plaintiff.

John J. Dunn, Sr., Scranton, Pa., for defendant.

OPINION

MUIR, District Judge.

This is an action for damages under Section 301 of the Labor Management Relations Act of 1947, as amended, 29 U.S.C. § 185, for violation of provisions of a labor agreement amounting to a "no-strike" clause. Before the Court is the union local's motion for a stay of the action pending arbitration.

The only question raised by the motion is whether the Company's claim for damages is referable to arbitration. Since...

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