COMMUNICATIONS WKRS. OF AM. v. Pac. Tel. and Tel.

Bodkin, McCarthy, Sargent & Smith, William L. Haluck, Los Angeles, Cal., for Communications Workers of America.

Robert M. Ralls, Daniel J. McCarthy, Robert L. Barada, Los Angeles, Cal., for Pacific Tel. and Tel. Co.

KELLEHER, District Judge.

The Communications Workers of America ("CWA") filed this action to vacate an arbitration award in favor of respondent Pacific Telephone & Telegraph Company ("PTT"). The arbitration hearing was held earlier this year; the arbitrator issued his opinion and award on June 27, 1978, serving the parties the next day. CWA filed a petition to vacate the arbitrator's decision on October 5, the 100th day after the arbitrator served the parties with a copy of the opinion and award. PTT was served with the petition to vacate on October 9, 103 days after service of the arbitrator's opinion. PTT filed a petition for removal to the Central District of California on October 19, concurrently moving the Court to grant summary judgment in its favor.

PTT contends that summary judgment should be granted in its favor for two reasons: first, the petition to vacate was not timely filed and served under the applicable law, and second, the arbitrator in any event…