Judge I. Leo Glasser
Milk Wagon Drivers and Dairy Employees Local 584 (Local 584) represents certain Elmhurst Dairy workers. Plaintiff employees’ Sept. 3 petition—removed from Queens supreme court—sought to vacate an award issued in arbitration between Elmhurst Dairy and Local 584. Plaintiffs alleged Elmhurst Dairy violated its collective bargaining agreement (CBA) with Local 584, and that Local 584 did not fairly represent them at arbitration. They also contended that Elmhurst Dairy and Local 584 misled the arbitrator and manipulated the arbitration process. District court denied plaintiffs’ Oct. 11 remand motion. Defendants’ timely notice of removal satisfied 28 USC §1446(6), and was filed with both their consent. Nor was plaintiffs’ “lack of confidence and paranoia” stemming from Local 584′s decision to take the matter to arbitration a legitimate ground for remand. Further, defendants met their burden of demonstrating that removal was proper. Plaintiffs’ allegations constituted a hybrid §301/fair representation claim. Labor Management Relations Act §301 preempts plaintiff employees’ state law claims to the extent they relate to the CBA’s breach. Thus district court holds jurisdiction over such claims and removal was proper.
