# Bakery & Confectionery Workers' International Union, Local No. 492 v. National Biscuit Co.

> Court of Appeals for the Third Circuit · November 2, 1949 · 177 F.2d 684

URL: https://www.frixlaw.com/law-library/cases/6904862

## Case

- **Full name:** BAKERY & CONFECTIONERY WORKERS' INTERNATIONAL UNION, LOCAL NO. 492 v. NATIONAL BISCUIT CO.
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** November 2, 1949
- **Citations:** 177 F.2d 684; 25 L.R.R.M. (BNA) 2029; 1949 U.S. App. LEXIS 3476
- **Precedential status:** Published
- **Opinion:** Concurrence by Goodrich
- **Judges:** Connell, Goodrich, McLaughlin
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6904862

## Opinion text

GOODRICH, Circuit Judge
(concurring).
The conclusion reached by the Court in this case seems to me correct. The opinion goes further than I should care to commit myself in making suggestions that the Union could have or might have complained of an unfair labor practice. It does seem to me, however, that the conclusion reached that the pension plan is not to be treated as “layoff” under the contract is the only sound conclusion possible. The Union more than once made a special issue of the pension provisions in contract negotiations and no term of the contract which followed mentioned them. For it to take the position subsequently that retirement under a pension plan is a layoff and already included in the contract seems to me to fly in the face of all the probabilities. I, therefore, agree that no recovery can be had.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6904862. Public record. Not legal advice.