United Brotherhood of Carpenters and Joiners of America, Local 1020 Afl-Cio v. Fmc Corporation

724 F.2d 815 115 L.R.R.M. (BNA) 2582 , 116 L.R.R.M. (BNA) 2617 , 101 Lab.Cas. P 11,045 , 99 Lab.Cas. P 10,728 UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL 1020 AFL-CIO, Portland, Oregon, an Associated Labor Organization, Plaintiff-Appellant, v. FMC CORPORATION, A Delaware corporation, Defendant-Appellee. No. CA 83-3812. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 8, 1983. Decided Jan. 24, 1984. As Amended on Denial of Rehearing April 24, 1984. David E. Cash, Doblie, Francesconi & Welch, Portland, Or., for plaintiff-appellant. Wayne D. Landsverk, Newcomb, Sabin, Meyer & Schwartz, Portland, Or., for defendant-appellee. Appeal from the United States District Court for the District of Oregon. Before SKOPIL, CANBY and BOOCHEVER, Circuit Judges: CANBY, Circuit Judge: 1 In this appeal we must decide what statute of limitations to apply to an action by a union under section 301 of the Labor Management Relations Act, 29 U.S.C. Sec. 185 , to set aside an arbitration decision on the ground that the decision does not draw its essence from the collective bargaining agreement. We confronted this issue in an earlier case involving the same…