Service Employees International Union Local 252 v. 1500 Garage Corp.

699 F. Supp. 487, 1988 U.S. Dist. LEXIS 12253, 1988 WL 123610
CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 31, 1988
DocketCiv. A. No. 88-3740
StatusPublished
Cited by1 cases

This text of 699 F. Supp. 487 (Service Employees International Union Local 252 v. 1500 Garage Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Service Employees International Union Local 252 v. 1500 Garage Corp., 699 F. Supp. 487, 1988 U.S. Dist. LEXIS 12253, 1988 WL 123610 (E.D. Pa. 1988).

Opinion

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the court is the defendant’s motion to dismiss pursuant to Fed.R. Civ.P. 12(b) for lack of subject matter jurisdiction or, alternatively, because the statute of limitations for this action has expired. For the reasons stated herein, after full consideration of the supporting legal briefs, reply briefs and affidavits, defendant’s motion to dismiss will be granted.

I. BACKGROUND

Plaintiff Service Employees International Union, Local 252 (hereinafter “Union”) has commenced this action under Section 301 of the Labor-Management Relations Act, 29 U.S.C. § 185 (“NLRA”), seeking to compel defendant 1500 Garage Corporation (hereinafter “Company”) to submit to arbitration of a dispute arising out of a collective bargaining agreement originally entered into by the parties in January, 1981. The Company formerly operated a parking garage located at 1500 Locust Street in Philadelphia, Pennsylvania, where its non-supervisory employees were represented by the Union.

On January 20, 1981, the Company and the Union entered into a two-year collective bargaining agreement effective from January 2, 1981 to January 1, 1983. On January 10, 1983, the Company agreed to extend this agreement “on the same terms and conditions” for an additional period of three years, effective January 2, 1983 [488]*488through January 1, 1986, subject to only certain wage adjustments.

The collective bargaining agreement contained two (2) provisions that have given rise to the present action. First, it contained a rollover provision wherein the agreement was to continue in effect from year to year after its termination “unless each party serves notice in writing, thirty (30) days prior to the expiration of the original term, or any subsequent term, of a desire to change, modify or terminate” the agreement. Second, it contained a “successors/assigns” clause which provided that the terms of the collective bargaining agreement were to be binding upon the parties’ “successors in title and assigns.”

In October, 1985, both the Company and the Union exchanged notices of their respective desires to change, modify or terminate the collective bargaining agreement. The Company’s notice informed the Union of the possibility that the Company might terminate operations and lease the garage to an outside operator unless it could achieve a substantial cost reduction. Shortly thereafter, the Company leased the garage facility to an independent outside operator, Edison Locust Corporation (“Edison”). The Union subsequently entered into a collective bargaining agreement with Edison.

In the meantime, the Company’s collective bargaining agreement with the Union was due to expire by its terms on January 1, 1986.

In late 1986, and following the termination of the Company’s collective bargaining agreement with the Union, the Company terminated its garage lease with Edison, and leased the garage to another outside operator, the Five Star Parking Corporation (“Five Star”). Once Five Star took over the lease, it refused to employ the former employees of Edison or otherwise honor the terms of the collective bargaining agreement.

A grievance and a demand for arbitration was filed by the Union charging that Edison breached its obligations under the “successors/assigns” clause of the contract by failing to have Five Star assume Edison’s obligations under the collective bargaining agreement. The Union also notified the Company that it was its belief that the Company also breached the “successors/assigns” clause of the collective bargaining agreement when it leased the garage to Five Star.

Subsequently, on January 21, 1987, the Union asserted that the Company violated the “successors” clause of the collective bargaining agreement in failing to require Five Star to adopt the collective bargaining agreement. The Union demanded immediate arbitration of this dispute under the arbitration provision of the agreement and submitted a list of four potential arbitrators to the Company.

On February 16, 1987, the Company responded to the Union’s request in the following manner:

We must decline your request for arbitration, since there is no outstanding agreement under which 1500 Garage Corporation has agreed to arbitrate any dispute with Local 252. The earlier agreement, between the parties, expired on January 1, 1986. As you are aware, under well-established law, unless a party is contractually obligated to do so, it is not required to submit to arbitration.

In addition, the Company instructed the Union that Edison, not itself, was the proper party if the Union desired to proceed to arbitration.

The Union took issue with this response and continued to assert the Company’s liability. On March 2, 1987, the Company again sent a letter to the Union, denying any liability under the collective bargaining agreement.

Edison and the Union eventually arbitrated their dispute. The arbitrator, in December, 1987, denied the Union’s grievance, finding that Five Star was not a successor to Edison under the terms of the collective bargaining agreement. Thereafter, on January 15, 1988, the Union wrote the defendant informing it of both the arbitrator’s decision and its desire to arbitrate the matter with the Company. On January 19, 1988, the defendant again asserted that it was unwilling to submit to arbitration.

[489]*489As a result of this dispute, on May 6, 1988, the Union filed the present action to compel arbitration.

The Company contends that plaintiffs complaint should be dismissed for a number of reasons. First, it claims the court lacks subject matter jurisdiction over this action because no collective bargaining agreement presently exists between the Company and the Union. In this regard, it is also alleged that the complaint fails to state a claim upon which relief can be granted because the substantive obligations of the collective bargaining agreement expired. Lastly, the Company claims that the present action is barred by the statute of limitations applicable to suits to compel arbitration.

II. DISCUSSION

Since it is dispositive of the action, it is only necessary to address defendant’s claim that the present action is time barred.

Both parties agree that actions to compel arbitration are governed by the six month statute of limitations found in the NLRA for bringing actions charging unfair labor practices. 29 U.S.C. § 160(b). See Federation of Westinghouse Independent Salaried Unions v. Westinghouse Electric Corp., 736 F.2d 896, 901 (3d Cir.1984); Intern. Ass’n of Machinists v. Allied Products Corp., 786 F.2d 1561, 1564 (11th Cir.1986); McCreedy v. Local Union No. 971, 809 F.2d 1232, 1237 (6th Cir.1987).

In Westinghouse,

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699 F. Supp. 487, 1988 U.S. Dist. LEXIS 12253, 1988 WL 123610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/service-employees-international-union-local-252-v-1500-garage-corp-paed-1988.