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BORDEN, INC. v. AMERICAN ARBITRATION ASS'N

Civ. A. No. 87-437 MMS.

677 F.Supp. 248 (1988)

BORDEN, INC. T/A Doxsee Food, Plaintiff, v. AMERICAN ARBITRATION ASSOCIATION; Retail, Wholesale Department Store Union, Local 1034, AFL-CIO, Defendants.

United States District Court, D. Delaware.

January 15, 1988.

Attorney(s) appearing for the Case

David J. Ferry, Jr. of Ahern & Ferry, Wilmington, Del. (Michael Kraemer of White & Williams, Philadelphia, Pa., of counsel), for plaintiff.

Joseph Benson, Wilmington, Del. (Ira Silverstein of Spear, Wilderman, Sigmond, Borish, Endy and Silverstein, Philadelphia, Pa., of counsel), for defendant Retail, Wholesale Dept. Store Union, Local 1034, AFL-CIO.

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

Borden, Inc. (formerly Doxsee Food Corporation), seeks a declaratory judgment from this Court that the issue of transfer of all work out of the bargaining unit is not arbitrable under its collective bargaining agreement with Local 1034 of the Retail Wholesale Department Store Union (Local 1034). Based upon the strong presumption of arbitrability, the contract's broad arbitration clause and the lack of exclusions from...

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