Local 101, Transport Workers Union of America v. National Grid
| Local 101, Transport Workers Union of America |
| National Grid |
| Jonathan Walters, Esq. |
| 1:2022cv00963 |
| February 22, 2022 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| William F Kuntz |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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| Filing 22 NOTICE OF APPEAL as to #21 Order, by National Grid. Filing fee $ 505, receipt number ANYEDC-15432743. (Collins, Patrick) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #22 Notice of Interlocutory Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) |
Filing 21
ORDER: In response to Plaintiff's motion at ECF No. #19 , the Court GRANTS Mr. Jonathan Walters ("the Arbitrator") permission to access and review the District Court's docket in this case. The Court also respectfully DIRECTS the Arbitrator to schedule the arbitration on either Tuesday, April 12, 2022 or Tuesday, April 26, 2022. So Ordered by Judge William F. Kuntz, II on 3/31/2022. (Yu, Stephanie)
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| Filing 20 RESPONSE in Opposition re #19 Letter MOTION to Compel Arbitration Dates Given Defendant's Ongoing Refusal to Participate in Arbitration filed by National Grid. (Collins, Patrick) |
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ORDER granting #19 Motion to Compel. So Ordered by Judge William F. Kuntz, II on 3/31/2022. (Kuntz, William)
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| Filing 19 Letter MOTION to Compel Arbitration Dates Given Defendant's Ongoing Refusal to Participate in Arbitration by Local 101, Transport Workers Union of America. (Schwartz, Arthur) |
| Filing 18 Emergency MOTION to Stay re #16 Order Appointing of Arbitrator, by National Grid. (Collins, Patrick) |
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ORDER denying #18 Motion to Stay. So Ordered by Judge William F. Kuntz, II on 3/30/2022. (Kuntz, William)
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| Electronic Index to Record on Appeal sent to US Court of Appeals. #17 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) |
| Filing 17 NOTICE OF APPEAL as to #16 Order Appointing of Arbitrator, #12 Order,,,, by National Grid. Filing fee $ 505, receipt number ANYEDC-15410897. (Collins, Patrick) |
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Filing 16
ORDER APPOINTING OF ARBITRATOR: AND NOW this 24th day of March 2022, in accordance with the Court's Order of February 28, 2022, the parties having been unable to select an arbitrator pursuant to Article IX of the Collective Bargaining Agreement, it is hereby ordered and decreed: (see attachment). Ordered by Judge William F. Kuntz, II on 3/24/2022. (Herrera, Isaiah)
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| Filing 15 Letter in Reply re Arbitrability by Local 101, Transport Workers Union of America (Schwartz, Arthur) |
| Filing 14 Letter to Judge William F. Kuntz dated March 21, 2022 by National Grid (Collins, Patrick) |
| Filing 13 Letter Requesting Appointment of An Arbitrator by Local 101, Transport Workers Union of America (Schwartz, Arthur) |
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Filing 12
ORDER: Following the hearing held on February 28, 2022, the Court ORDERS the parties to comply with the following schedule: The parties shall complete Step Two of the Grievance Procedure per Article IX of the Collective Bargaining Agreement by Thursday, March 3, 2022 at 5:00 P.M.; The parties shall complete Step Three of the Grievance Procedure per Article IX of the Collective Bargaining Agreement by Thursday, March 10, 2022 at 5:00 P.M.; and The parties shall inform the Court whether they have determined to arbitrate the dispute, and if so, whether they have selected an arbitrator in accordance with the requirements of the Collective Bargaining Agreement by Monday, March 21, 2022 at 5:00 P.M. If the parties do not reach an agreement about whether to arbitrate the dispute by Monday, March 21, 2022 at 5:00 P.M., the Court will issue an order in response to Plaintiffs request to compel arbitration. ECF No. #5 . If either the parties or the Court determine the dispute is arbitrable, but the parties are unable to appoint an arbitrator by Monday, March 21, 2022 at 5:00 P.M., the Court will appoint an arbitrator. SO Ordered by Judge William F. Kuntz, II on 2/28/2022. (Yu, Stephanie)
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| Filing 11 AFFIDAVIT/DECLARATION in Opposition re #5 MOTION for Preliminary Injunction - DECLARATION OF MICHAEL BERNARDO filed by National Grid. (Attachments: #1 Exhibit A) (Collins, Patrick) |
| Filing 10 MEMORANDUM in Opposition re #5 MOTION for Preliminary Injunction filed by National Grid. (Collins, Patrick) |
| Filing 9 AFFIDAVIT/DECLARATION in Opposition re #5 MOTION for Preliminary Injunction - AFFIRMATION OF PATRICK M. COLLINS filed by National Grid. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Collins, Patrick) |
| Minute Entry for proceedings held before Judge William F. Kuntz, II: Show Cause Hearing held on 2/28/2022. Case called. Arthur Z. Schwartz appeared on behalf of the Plaintiff. Patrick M. Collins appeared on behalf of the Defendant. The Court will issue an order setting deadlines to complete Steps 2 and 3 of the grievance process and further instructions regarding arbitration. (Court Reporter Jennifer Thun.) (Yu, Stephanie) |
| Filing 8 NOTICE of Appearance by Patrick M. Collins on behalf of National Grid (aty to be noticed) (Collins, Patrick) |
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Filing 7
SCHEDULING ORDER: The Court is in receipt of Plaintiff's request for a temporary restraining order and preliminary injunction, filed on February 22, 2022. ECF No. 5. The Court ORDERS the parties to appear on Monday, February 28, 2022 at 12:00 Noon in Courtroom 6H North, at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201, before the Honorable William F. Kuntz, II, to show cause as to why an order should not issue pursuant to Rule 65 of the Federal Rules of Civil Procedure. So Ordered by Judge William F. Kuntz, II on 2/23/2022. (Herrera, Isaiah)
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| Filing 6 MEMORANDUM in Support re #5 MOTION for Preliminary Injunction filed by Local 101, Transport Workers Union of America. (Schwartz, Arthur) |
| Filing 5 MOTION for Preliminary Injunction by Local 101, Transport Workers Union of America. (Attachments: #1 Declaration of Arthur Z. Schwartz in Support) (Schwartz, Arthur) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Neptune, Pierre) |
| Filing 2 Summons Issued as to National Grid. (Neptune, Pierre) |
| Filing 1 COMPLAINT against National Grid filing fee $ 402, receipt number ANYEDC-15311939 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Local 101, Transport Workers Union of America. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet, #3 Exhibit A - Contract, #4 Exhibit B - Email, Collins to Schwartz, 12-7-21, #5 Exhibit C - Letter, Schwartz to Bernardo, 01-21-22, #6 Exhibit D - Letter, Collins to Schwartz, 01-31-22, #7 Exhibit E - Letter, Schwartz to Collins, 01-31-22, #8 Exhibit F - Email Exchange, Schwartz to Bernardo, 02-04-22) (Schwartz, Arthur) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Neptune, Pierre) |
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