Document Type

Article

Publication Date

11-27-1991

Abstract

Respondent-appellant Graphic Communications International Union, Local 261 ("Union" or "Local 261") appeals from a judgment entered on March 28, 1991 in the United States District Court for the Western District of New York (Elfvin, J.) granting the petition of petitioners-appellees Harry Hoffman Printing, Inc., Holling Press (Ward Burns, Inc.), Pollack Printing Corp., Manhardt-Alexander, Inc., Thorner-Sidney Press, Inc., Kenworthy Graphic Services, Inc., and Savage Litho Company, Inc. (collectively, "Employers") to vacate an arbitral award, pursuant to 9 U.S.C. § 10 (1988) and 29 U.S.C. § 185 (1988). The Employers are printing companies and, together, they comprise the membership of the Litho Negotiating Group. The Litho Negotiating Group represents the Employers in labor negotiations with employee unions, including Local 261.

On appeal, Local 261 contends that the arbitration panel did not exceed its authority under the collective bargaining agreement when it concluded that employees honoring the picket lines of a sister union were entitled to notice before being permanently replaced. We hold that the arbitral decision imposing the notice requirement on the Employers did not draw its essence from the collective bargaining agreement. Accordingly, we affirm the judgment of the district court.

Comments

950 F.2d 95 (1991)

HARRY HOFFMAN PRINTING, INC., Holling Press (Ward Burns, Inc.), Pollack Printing Corp., Manhardt-Alexander, Inc., Thorner-Sidney Press, Inc., Kenworthy Graphic Services, Inc., Savage Litho Company, Inc., constituting the Sole and Exclusive Members of the Litho Negotiating Group, Petitioners-Appellees,

v.

GRAPHIC COMMUNICATIONS INTERNATIONAL UNION, LOCAL 261 (formerly Graphic Arts International Union, Local 261), Respondent-Appellant.

No. 1877, Docket 91-7389. United States Court of Appeals, Second Circuit.

Argued August 14, 1991. Decided November 27, 1991.

New York Law School location: File #1281, Box #128

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