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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

UNITED STEEL WORKERS OF AMERICA, AFL-CIO-CLC,

) ) ) Plaintiff, ) ) v. ) ) GOOD HUMOR-BREYERS, INC., ) ) Defendant. ) ____________________________________)

Civ. No. JFM-00-2838

MEMORANDUM Plaintiff United Steel Workers of America, AFL-CIO-CLC ("the Union") brought this suit to enforce an arbitration award under Section 301 of the National Labor Management Relations Act ("LMRA"). Defendant Conopco, Inc.1 ("Conopco") filed a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). That motion will be denied. I. A collective bargaining agreement existed between the Good Humor division of Conopco and its employees, who are members of the United Steel Workers Union. This collective bargaining agreement expired on August 12, 1998. During the period of time between the expiration of this agreement and the creation of a new agreement, Conopco stated that it would not arbitrate any employee grievances. The Union challenged this position with respect to twenty-five grievances that were filed in between collective bargaining agreements. The Union

Conopco was incorrectly sued as Good Humor-Breyers, Inc., which is a division of Conopco. 1

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and Conopco agreed to arbitrate whether these twenty-five grievances were arbitrable. On February 28, 2000, the Arbitrator, Harold Fishgold, held that twenty-four of the twenty-five grievances were not arbitrable. He also held that the grievance brought by Henry Springirth was arbitrable. Springirth was injured on the job in 1997. Conopco eventually decided that it could not accommodate Springirth's permanent impairment, and, on April 16, 1999, it terminated him. The Union's grievance on behalf of Springirth challenges his termination. Conopco has refused to follow the Arbitrator's award and arbitrate Springirth's grievance. On September 21, 2000, more than six months after the Arbitrator's award, the Union filed the present suit to enforce the Arbitrator's award. II. Section 301 of the LMRA does not provide a statute of limitations. 29 U.S.C.

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Maryland Law