Opinion

International Union, United Automobile, Aerospace, & Agricultural Implement Workers & Its Locals 656 & 985 v. Greyhound Lines, Inc.

  • 701 F.2d 1181
  • 4 Employee Benefits Cas. (BNA) 1105
  • 1983 U.S. App. LEXIS 29735
Court
Court of Appeals for the Sixth Circuit
Filed
Mar 11, 1983
Status
Published
Author
Neese
On the bench
Engel, Jones, Neese
Cited by
15 cases

explaining the common law ° Because the Court is deciding this issue under federal law, not Section 2A:23B-14(a), the Court need not address Plaintiff's argument concerning the constitutionality of Section 2A:23B-14(a). (See ECF No. 18.) history of this immunity

How later courts described this case

  • explaining the common law ° Because the Court is deciding this issue under federal law, not Section 2A:23B-14(a), the Court need not address Plaintiff's argument concerning the constitutionality of Section 2A:23B-14(a). (See ECF No. 18.) history of this immunity
  • discussing the policy considerations of arbitral immunity

Written by the judges who cited it.

The opinion

NEESE, Senior District Judge,

concurring.

I agree that ERISA did not require Arbitrator Bowles to be bonded; that the appellants waived their right to assert that H 2 of the proposal of the Union trustees contravened the basic document of the Retirement Plan implicated; and that the judgment of the District Court, enforcing the arbitration-award, should be affirmed. However, I disassociate myself with parts of the reasoning expressed in Part II of the opinion of the majority of the Court:

As I view it, the reason ERISA did not require a bond of the Arbitrator was that he not performing any act constituting the “handling” of the Plan’s funds or property; so, I would adjudicate the issue of bonding solely and alone upon that ground. Accordingly, I would omit any discussion of the doctrine of arbitral immunity from civil liability which, it seems to me in this present context is redundant.

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.

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