The Third Circuit affirmed the District Court’s dismissal of PG Publishing’s complaint to vacate a labor arbitration award. The complaint invoked the Labor Management Relations Act (“LMRA”) and the Federal Arbitration Act (“FAA”). PG argued that even if it filed its complaint outside of the applicable limitations period for an LMRA action, it filed within the FAA’s 90-day limitations period for motions to vacate an arbitration award. Although the Third Circuit agreed that a party may bring both an LMRA action and an FAA motion challenging or confirming certain labor arbitration awards, the Court concluded that PG did not proceed by motion as required by the FAA and, thus, did not correctly invoke that statute. Furthermore, PG’s LMRA Section 301 action was untimely.
