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INTERNATIONAL U. OF U. BREWERY, ETC. v. STEGMAIER BREW. CO.

Civ. A. No. 70-556.

338 F.Supp. 1137 (1972)

INTERNATIONAL UNION OF UNITED BREWERY, FLOUR, CEREAL, SOFT DRINK AND DISTILLERY WORKERS OF AMERICA, AFL-CIO, and Its Local Union No. 163, et al., Plaintiffs, v. STEGMAIER BREWING COMPANY, Wilkes-Barre, Pennsylvania, et al., Defendants.

United States District Court, M. D. Pennsylvania.

February 29, 1972.

Attorney(s) appearing for the Case

Anthony P. Moses, Wilkes-Barre, Pa., Meranze, Katz, Spear & Bielitsky, Philadelphia, Pa., for plaintiffs.

Bedford, Waller, Griffith, Darling & Mitchell, Wilkes-Barre, Pa., for defendant United Penn Bank.

Allen M. Kluger, Wilkes-Barre, Pa., for defendants Gibbons Brewery and Thomas Federo.

Charles A. Shea, Jr., A. Richard Caputo, Wilkes-Barre, Pa., for defendants Stegmaier Brewing Company and William Novak.

Allen R. Howe, Philadelphia, Pa., Sipser, Weinstock & Weinmann, New York City, for defendants Teamsters Local 102 of the International Brotherhood of Teamsters, Paul Gallagher and Mark Civarello.

OPINION

MUIR, District Judge.

The question in this case is whether a union which with employers had established a pension plan for employees in the bargaining unit may, after the union is defeated in a certification election, compel arbitration directed towards termination of the pension plan. My view is that the de-certified union does not have standing to compel arbitration.

Jurisdiction of this court is based upon §§ 301 and 302 of the...

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