Sheet Metal Workers International Association, Local Union 150 v. Air Systems Engineering, Inc., a Washington Corporation

Local Union 150 of the Sheet Metal Workers International Association (Union) appeals the summary judgment in favor of Air Systems Engineering, Inc. (Air Systems) of the Union’s action under section 301 of the Labor Management Relations Act (§ 301), 29 U.S.C. § 185 , to enforce an ex parte arbitration award. The district court, analogizing this action to one under section 10(b) of the National Labor Relations Act (NLRA), 29 U.S.C. § 160 (b) (§ 10(b)), ruled the Union’s action barred by a six-month statute of limitations.

FACTS

On May 21, 1984, after Air Systems and the Union reached an impasse in negotiations over a new labor agreement, Air Systems unilaterally implemented its “last and final” offer. The Union filed an unfair labor practices claim with the National Labor Relations Board (ÑLRB) against Air Systems for imposing the offer without using the arbitration procedure of Article X § 8 of the Collective Bargaining Agreement. The NLRB refused to issue a Complaint because interest arbitration is not a mandatory subject of bargaining, and therefore Air Systems did not engage in an unfair labor practice. The Union submitted the dispute to an arbitrator, the National Joint…