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INTERNATIONAL U., U. A., A. & A. I. W. v. ANACONDA AM. BRASS CO.

Nos. 72-1818, 72-1819.

475 F.2d 682 (1973)

INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW) and its Local 174, Plaintiffs-Appellees, v. ANACONDA AMERICAN BRASS COMPANY, Defendant-Appellant. INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW) and its Local 174, Plaintiffs-Cross-Appellants, v. ANACONDA AMERICAN BRASS COMPANY, Defendant-Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 28, 1973.

Attorney(s) appearing for the Case

Timothy D. Wittlinger, Detroit, Mich., for appellant; Thomas E. Coulter, Hill, Lewis, Adams, Goodrich & Tait, Detroit, Mich., on brief.

M. Jay Whitman, Detroit, Mich., for appellees; Stephen I. Schlossberg, John A. Fillion, Detroit, Mich., on brief.

Before PHILLIPS, Chief Judge, and PECK and MILLER, Circuit Judges.

PHILLIPS, Chief Judge.

This litigation under § 301 of the Labor-Management Relations Act1 arose out of the permanent shutdown of two departments of the Anaconda Brass Co., Inc., at Detroit on August 30, 1971. Anaconda had a pension plan agreement which had been executed in addition to its collective bargaining agreement with the appellee labor union.2

The pension plan agreement provided that any...

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