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This Memorandum and Order by District Judge Elfvin addresses two arbitration awards involving Local 435 of the Retail Store Employees Union, Local 1 of the United Food and Commercial Workers, and Heinrich Motors, Inc. The unions sought to confirm the awards, while Heinrich sought to vacate or modify them. The specific issue before the court was Heinrich's removal of CIV-81-518 from New York state court to federal court. Judge Elfvin concluded that the motion to confirm the arbitrator's supplemental award was part of the original action commenced by Heinrich to vacate the initial award, and was thus untimely removed. Consequently, Local 435's motion to remand CIV-81-518 to state court was granted, and Heinrich's motion to consolidate CIV-81-518 and CIV-81-548 was denied.
In Re the Arbitration Between Local 435 of the Retail Store Employees Union & Heinrich Motors, Inc. is a workers' compensation case decided in District Court, W.D. New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, W.D. New York.
Full Decision Text1 Pages
This Memorandum and Order by District Judge Elfvin addresses two arbitration awards involving Local 435 of the Retail Store Employees Union, Local 1 of the United Food and Commercial Workers, and Heinrich Motors, Inc. The unions sought to confirm the awards, while Heinrich sought to vacate or modify them. The specific issue before the court was Heinrich's removal of CIV-81-518 from New York state court to federal court. Judge Elfvin concluded that the motion to confirm the arbitrator's supplemental award was part of the original action commenced by Heinrich to vacate the initial award, and was thus untimely removed. Consequently, Local 435's motion to remand CIV-81-518 to state court was granted, and Heinrich's motion to consolidate CIV-81-518 and CIV-81-548 was denied.
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