Opinion
Civil Action 2:23-761
12-13-2024
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 29, AFL-CIO, Plaintiff, v. ENERGY HARBOR NUCLEAR CORPORATION, Defendant.
Maureen P. Kelly Magistrate Judge
MEMORANDUM ORDER
Cathy Bissoon United States District Judge
This case has been referred to United States Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Local Rule of Civil Procedure 72.
On November 13, 2024, the Magistrate Judge issued a Report (Doc. 45) recommending that International Brotherhood of Electrical Workers Local Union 29, AFL-CIO's (“Plaintiff's”) Motion for Summary Judgment (Doc. 36) be granted and that Energy Harbor Nuclear Corporation's (“Defendant's”) Cross Motion for Summary Judgment (Doc. 40) be denied. Service of the Report and Recommendation was made, and Defendant filed Objections on November 27, 2024. (Doc. 46). Plaintiff filed a Response to Defendant's Objections on December 11, 2024. (Doc. 47).
After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, it hereby is ORDERED that Plaintiff's Motion for Summary Judgment (Doc. 36) is GRANTED and that Defendant's Cross Motion for Summary Judgment (Doc. 40) is DENIED. Defendant's Objections (Doc. 46) are OVERRULED, and the Report and Recommendation (Doc. 45) is ADOPTED as the Opinion of the District Court.
Defendant is FURTHER ORDERED to submit the subject grievance to arbitration pursuant to the provisions of the parties' labor agreement without further delay.
IT IS SO ORDERED.