KENNAMETAL, INC. v. UNITED STEELWORKERS OF AMERICA

No. 1:02CV00175.

262 F.Supp.2d 663 (2003)

KENNAMETAL, INC., Plaintiff, v. UNITED STEELWORKERS OF AMERICA, AFL-CIO, et al., Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

May 23, 2003.


Attorney(s) appearing for the Case

Charles P. Roberts, III, Constangy, Brooks & Smith, LLC, Winston-Salem, North Carolina, for Plaintiff.

James J. Vergara, Jr., Vergara & Associates, Hopewell, Virginia, for Defendants.


OPINION

JONES, District Judge.

In this labor arbitration case the employer contends that the arbitrator's award was flawed because the arbitrator refused to consider the terms of a benefit plan incorporated in the collective bargaining agreement on the ground that the union did not receive a copy of the benefit plan before the agreement was ratified by the union membership. I agree with the employer and will remand the case for another arbitration.

...

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