Teamsters Freight Checkers, Clerical Employees & Helpers Local Union No. 856 v. Nabisco Brands, Inc.

ORDER GRANTING SUMMARY JUDGMENT

I. BACKGROUND

Plaintiff seeks an order compelling arbitration pursuant to a collective bargaining agreement of a dispute over Defendant’s termination of Vaughn Roberts, an employee covered by the agreement. Plaintiff filed a grievance protesting Roberts’ discharge, and Defendant has declined to continue processing the grievance to arbitration, citing Roberts’ alleged “unclean hands”.

II. FACTS

After Roberts’ termination, Plaintiff and Defendant began the grievance process established by their collective bargaining agreement. 1 Plaintiff and Defendant sched *874 uled a meeting before the Adjustment Board for July 20, 1993. Defendant postponed the July 20th meeting with the Adjustment Board, and, by letter dated September 30, 1993, advised Plaintiff that it would no longer process the termination grievance. Defendant claimed that Roberts either stole or knowingly received stolen documents from Nabisco’s litigation files during the grievance process. Defendant also now alleges that Mr. Roberts threatened the lives of two of its employees, and sent a letter, charging Defendant with a covert conspiracy to terminate him on account of a work-related…