UNION WILL ASK JUDGE TO VACATE ELLIOT RULING

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, January 5, 1993                   TAG: 9301050068
SECTION: BUSINESS                    PAGE: A3   EDITION: METRO  
SOURCE: George Kegley/Staff
DATELINE:                                 LENGTH: Short
UNION WILL ASK JUDGE TO VACATE ELLIOT RULING
A Roanoke labor union will ask U.S. District Judge James Turk to reconsider his Dec. 29 ruling that Davis H. Elliot Co. was not bound by arbitration last year.
Turk's decision said that letters from Local 637, International Brotherhood of Electrical Workers, to the Elliot company failed to give proper and timely notice of a desire to change an agreement.
Terry Yellig, the union's Washington lawyer, said the timeliness of the notice was a decision for an arbitration panel, not for Turk. It's a procedural issue "and it's flat-out wrong," he said Monday.
He said his motion will be filed by Wednesday.
Yellig disagreed with Turk's statement that facts in the case are not in dispute. A jury should hear the case, he said.
The IBEW contends that Elliot breached a contract with the union when it canceled a longstanding hiring agreement in August. The union had a hiring agreement, but Elliot's 125 linemen had never voted for union representation.
Turk's order said an arbitration panel award cannot be enforced. The award favored the union in a dispute over the hiring agreement.

by Bhavesh Jinadra by CNB