JOHNSTOWN – A New Enterprise corporation is seeking declaration from the court regarding a dispute with a retired employee and a labor union.

New Enterprise Stone & Lime Co. Inc. filed a complaint on Jan. 4 in the U.S. District Court for the Western District of Pennsylvania against Teamsters, Chauffeurs, Warehouseman and Helpers, Local Union No. 110 seeking injunctive relief.

According to the complaint, the parties are involved in a grievance filed by Charles Frye. The suit states the defendant seeks arbitration but the plaintiff alleges the issue is not arbitrable because it is based on former contract language that has since been removed from the current collective bargaining agreement between the two parties. 

The plaintiff seeks declaration that it has no obligation to arbitrate the Frye grievance under the collective bargaining agreement, enjoin the defendant and any further relief the court grants. It is represented by Brian D. Balonick and Vincent Candiello of Cozen O'Connor in Pittsburgh.

U.S. District Court for the Western District of Pennsylvania case number 3:18-cv-00004-KRG

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