Opinion

Federated Metals Corp. v. United Steelworkers of America

  • 648 F.2d 856
  • 107 L.R.R.M. (BNA) 2271
  • 2 Employee Benefits Cas. (BNA) 1237
  • 1981 U.S. App. LEXIS 13790
Court
Court of Appeals for the Third Circuit
Filed
Apr 28, 1981
Status
Published
Author
Rosenn
On the bench
Rosenn, Seitz, Sloviter
Cited by
14 cases
Authority
More cited than 19.2%

requiring post-contract arbitration in accordance with Nolde regarding payment of pension benefits where dispute turns on interpretation of expired agreement

How later courts described this case

  • requiring post-contract arbitration in accordance with Nolde regarding payment of pension benefits where dispute turns on interpretation of expired agreement

Written by the judges who cited it.

The opinion

ROSENN, Circuit Judge,

concurring.

For the reasons set forth in part III of my dissenting opinion in United Steelworkers of America v. American Smelting and Refining Co., 648 F.2d 863 (3d Cir. 1981), decided this same day, I do not join in that portion of the majority’s opinion which purports to hold that “there is nothing to prohibit the parties from agreeing that certain benefits might accrue after the contract has expired.” Maj. op., supra at 861. However, because the merits of the underlying disputes are not properly before us, United Steelworkers of America v. American Manufacturing Co., 363 U.S. 564, 568 , 80 S.Ct. 1343, 1346 , 4 L.Ed.2d 1403 (1960), the objectionable statement has no bearing on our disposition of this case. I therefore concur in the result reached by the majority and in so much of its reasoning as is consistent with part III of my dissent in the companion case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.