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ARNOLD v. A&P

November 21, 1980

William M. ARNOLD et al.
v.
The GREAT ATLANTIC & PACIFIC TEA CO., INC. and Warehouse Employees Union, Local169



The opinion of the court was delivered by: NEWCOMER

MEMORANDUM AND ORDER

Sixteen named plaintiffs bring this action under § 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a), alleging a breach of the duty of fair representation by their union, defendant Warehouse Employee Union Local 169 ("Local 169"), and a breach of a collective bargaining agreement by defendant Atlantic and Pacific Tea Company ("A & P"). The salient facts of this case are set out at D.C., 461 F. Supp. 425.

 Plaintiffs' case was heard in April, 1980. Subsequently, the defendants moved for dismissal contending, inter alia, that the plaintiffs had failed to exhaust certain intra-union appeal procedures. On September 3, 1980, this Court denied the motion finding that further recourse to intra-union appeal mechanisms would be futile. Defendant's case was then presented in September, 1980.

 Having now considered all evidence presented by plaintiffs and defendants, the Court is prepared to rule on the claims presented in this case.

 I. Findings of Fact

 1. Marshall James started work in 1964 at the Yeadon produce facility. In 1973, he went to the perishables facility in Florence, New Jersey. He was laid off in 1975 and called back in November, 1976.

 2. William Kirby started work at the Yeadon produce facility in May, 1960. In 1975, he was laid off due to the clerk's strike. He received a letter stating that he should report back to work at the Florence perishables facility and he did so. Two or three months later he was laid off. During 1975-77, he worked as a part-time employee.

 3. William Daley, Jr., started work at the Yeadon produce facility in 1964. He was transferred to groceries for two days during 1972 and then returned to produce for eight or nine months. He went back to groceries "at the bottom of the list" and was subsequently laid off. In 1973, he returned to perishables in Florence. After a matter of months, he was once again laid off. After a short return to the grocery facility, he was transferred back to the Florence perishables facility. He worked there until 1975 when he was laid off.

 4. Edward Manahan started work in 1965 at the Yeadon produce facility. He worked in groceries for a short time and then returned to produce. He was laid off in 1975.

 5. Alexander Johnson started working at the Yeadon produce facilities. After September, 1973, he went to the Florence perishables facility. He was laid off in February, 1975.

 6. Robert Rinick started work in 1964 at the Yeadon produce facility. He worked at the Florence perishables facility from April, 1973 until his layoff in February, 1975.

 7. Walter S. Lewis started work in 1965 at the Yeadon produce facility. After a very short time in groceries he went to work at the Florence perishables facility until he was laid off in 1975.

 8. Joseph Sceon started work at the Yeadon produce facility in 1964. In 1973, he went to the Florence perishables facility. In 1974, he was laid off for three or four months and then called back as a casual. In 1975, he was laid off but did not return when called back to work.

 9. William A. David, Jr. started work in 1960 at the Yeadon produce facility. He was laid off in 1975 and then went to work at ...


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