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DOMINO SUGAR, CORP. v. SUGAR WORKERS LOCAL 392

No. 93-1449.

10 F.3d 1064 (1993)

DOMINO SUGAR CORPORATION, Plaintiff-Appellant, v. SUGAR WORKERS LOCAL UNION 392 OF the UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, an Unincorporated Association, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 30, 1993.

Attorney(s) appearing for the Case

Jeffrey Peabody Ayres, Venable, Baetjer & Howard, Baltimore, MD, argued (Valerie Floyd Portner, on brief), for plaintiff-appellant.

Richard David Zeff, Pfeifer, Fabian & Zeff, P.A., Baltimore, MD (Julie T. Sweeney, on brief), for defendant-appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and WILKINSON and HAMILTON, Circuit Judges.

OPINION

HAMILTON, Circuit Judge:

Domino Sugar Corporation (the Company) appeals the district court's Fed.R.Civ.P. 12(b)(6) dismissal, without prejudice, of its complaint alleging that Sugar Workers Local Union (the Union) breached the no-strike provision in their Collective Bargaining Agreement (CBA). The district court granted the Union's Rule 12(b)(6) motion on the basis that the CBA required the Company to submit its dispute to arbitration before seeking...

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