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MULDOON v. SEIU LOCAL NO. 252

May 28, 1985

WILLIAM J. MULDOON
v.
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL NO. 252; WEST VILLAGE; and MACKE COMPANY



The opinion of the court was delivered by: BECHTLE

 BECHTLE, J.

 Presently before the court are defendants' motions to dismiss for failure to state a claim upon which relief can be granted. In particular, defendants argue that the six month statute of limitations contained in the Labor-Management Relations Act bars plaintiff's unfair labor practice claims. For the reasons stated herein, defendants' motions will be granted.

 FACTS

 When considering a defendant's motion to dismiss, the court must interpret the allegations in plaintiff's complaint and make all inferences in the light most favorable to plaintiff. Conley v. Gibson, 355 U.S. 41, 2 L. Ed. 2d 80, 78 S. Ct. 99 (1957). With this rule in mind, the court turns to the facts alleged in plaintiff's complaint.

 Until January 31, 1984, plaintiff was employed as a Maintenance Superintendent by either West Village or Macke Company (the "employers"). Additionally, during the period of time in issue in the present case, plaintiff was a member of a collective bargaining unit represented by Service Employees International Union Local No. 252 (the "Union").

 The collective bargaining agreement between West Village and the Union provided in pertinent part:

 
. . . .
 
3. Each new employee shall be on a trial period of ninety (90) days from the date of hire, during which period the Employer is the sole judge whether the employee shall continue as a regular employee. In this period, the Employer may terminate the employee for any cause whatsoever without recourse to the grievance procedure.
 
. . . .
 
6. The Employer has the right to discharge any employee for just cause. Dishonesty and intoxication shall be deemed among the causes sufficient for dismissal without hearing.
 
. . . .
 
16. All matters of dispute between the Employer and the Union or the employees covered by this Agreement, shall be submitted to arbitration at the request of either party; said arbitration to be conducted in the following manner:
 
Employer shall choose one (1) arbitrator; Union shall choose one (1) arbitrator; and all matters in dispute, as aforesaid, shall be referred for decision to said arbitrators. If the arbitrators thus selected, cannot agree upon a decision of said disputed matter so referred to them, they shall, within five (5) days select a third arbitrator. The decision of any two of the said three arbitrators shall be final, binding and conclusive upon the parties hereto, and all employees of the Employer covered by this Agreement. The expense of such arbitration shall be borne equally between the parties. Every dispute involving the discharge of any employee shall be decided by the arbitrators within five (5) days after said matter has been submitted to them. Should the arbitrators order the reinstatement of the employee to his former position, they may award him back pay for all working time lost due to such discharge, if ...

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