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INTERNATIONAL BHD. OF TEAMSTERS

March 3, 1983

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION NO. 249, Plaintiff
v.
CONSOLIDATED FREIGHTWAYS, INC., Defendant



The opinion of the court was delivered by: WEBER

[EDITOR'S NOTE: The following court-provided text does not appear at this cite in 558 F. Supp.]

 ORDER

 AND NOW this 3rd day of March, 1983, IT IS ORDERED:

 a) Defendant's Motion will be treated as a motion for Summary Judgment, pursuant to Fed.R.Civ.P. 12(b) and 56.

 b) Summary Judgment in favor of Defendant is hereby GRANTED.

 c) Defendant's request for an award for fees and costs is DENIED.

 d) The Clerk is DIRECTED to mark this matter closed.

 WEBER, District Judge.

 Plaintiff Union Local brings this action to overturn the decision of an arbitration panel which approved defendant-Employer's change of operations. Defendant has filed a Motion to Dismiss the complaint and award attorney's fees. Defendant asserts as the basis for dismissal, (1) the decision of the arbitration panel is final and binding and not reviewable by this court, and (2) Plaintiff has failed to join all necessary parties.

 Both parties have submitted evidentiary material in support of their positions. In accord with Fed.R.Civ.P. 12(b), the Defendant's motion will be treated as one for summary judgment under Fed.R.Civ.P. 56. No material issues of fact exist and for the reasons stated below defendant is entitled to summary judgment.

 FACTS

 Defendant Consolidated Freightways (hereafter "Company") is an interstate motor carrier providing freight service throughout the United States. Plaintiff is a Teamsters Local with a territorial jurisdiction comprised of Allegheny County. Both parties are signatories to the National Master Freight Agreement (NMFA) Arts. 1-39, and the local Supplement Agreement, Arts. 40-54.

 The company has maintained a number of terminals in the Ohio-Western Pennsylvania area, but did not have a terminal in Allegheny County, Pennsylvania. At some unspecified date, the Company decided to reorganize its operations in this area and proposed a number of changes including the establishment of a terminal in ...


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