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Dickinson v. District 65

filed: August 25, 1986.

BECTON DICKINSON AND COMPANY, APPELLANT
v.
DISTRICT 65, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AFL-CIO



On Appeal from the United States District Court for the District of New Jersey, D.C. Civil No. 85-4067.

Author: Sloviter

Before: GIBBONS, WEIS, and SLOVITER, Circuit Judges

Opinion OF THE COURT

SLOVITER, Circuit Judge.

I.

Becton Dickinson and Company appeals from the order of the district court denying its motion for a permanent stay of arbitration, dismissing the complaint, and awarding attorneys' fees to the Union.

The dispute arises out of the decision of the Company, which is engaged in the sale and distribution of medical diagnostic instruments and related products, to close its manufacturing facility in Parsippany, New Jersey. The Union, District 65, United Automobile, Aerospace and Agricultural Implement Workers of America. AFL-CIO, which represents production, clerical, and research and development employees of the Company, was notified of this decision in February, 1985. The Company and the Union met on March 23, 1985 and on April 11, 1985 in negotiations regarding the planned plant closing and transfer of the bargaining unit work to other facilities. On May 20, 1985, the Union sent a letter to the Company requesting information from the Company about the proposed move, including the future status of non-Union employees.

On May 28, 1985, Leslie Roberts, Regional Director of District 65, sent a letter to Val Brose, Director of Human Resources for the Company, stating:

Based on information that has been provided to us to date, by you and other sources, it appears to me that the Company may be violating the following provisions of the collective bargaining agreement, based upon your proposed move from the Parsippany facility:

Article I - Mutual Good Faith Intent

Article II - Management Rights

Article III - Recognition

Article V - 5.06 - Non-Discrimination

Article XXVIII - Liquidation of ...


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