New United Motor Manufacturing, Inc. v. United Auto Workers Local 2244

Good Law
617 F. Supp. 2d 948·2008 WL 2540702·2008 U.S. Dist. LEXIS 109197
United States District Court, Northern District of CaliforniaJune 19, 2008C 08-0976 TEHCalifornia7,606 words

Opinion

Opinion

Henderson, J.

ORDER DENYING PETITION TO VACATE ARBITRATION AWARD

This matter came before the Court on June 17, 2008 on a Petition to Vacate an Arbitration Award by New United Motor Manufacturing, Inc. (“NUMMI”). NUM-MI argues that the Court should vacate an arbitration award which found that its sick leave policy violates its collective bargaining agreement with the Respondent union, and which directed the parties to proceed before a different arbitrator to determine the remedy for the violation. The Court has carefully reviewed the parties’ written and oral arguments and the evidence submitted in this motion. The Court has also considered, where appropriate, pleadings and evidence filed in support of and in opposition to the Union’s Motion for Summary Judgment in the related case seeking confirmation of the award, Case No. C-08-1242.

For the reasons set out below, the Petition is DENIED.

FACTUAL AND PROCEDURAL BACKGROUND

New United Motor Manufacturing, Inc. is, by its own description, the “last surviv ing auto manufacturing company west of the Rocky Mountains.” Petition (“Pet.”) at 6. It employs several thousand workers represented by the International Union, United Automobile, Aerospace…

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