TRUSTEES OF LOCAL 478 TRUCKING v. SIEMENS CORP.

No. 82-5719.

721 F.2d 451 (1983)

TRUSTEES OF the LOCAL 478 TRUCKING AND ALLIED INDUSTRIES PENSION FUND, and The Joint Welfare Fund of Employers and Local 478, International Brotherhood of Teamsters, Plaintiffs-Appellants, v. SIEMENS CORP., Defendant-Appellee and Third-Party Plaintiff, v. LOCAL 478, INTERNATIONAL BROTHERHOOD OF TEAMSTERS and Joseph P. Uzzolino, President of said Local Union, and Joseph A. Uzzolino, Business Agent of said Local Union, Third-Party Defendants.

United States Court of Appeals, Third Circuit.

Decided November 18, 1983.


Attorney(s) appearing for the Case

John A. Craner, Stephen A. Satkin (argued), Mountainside, N.J., Robert J. Preminger, Craner & Nelson, P.A., Perth Amboy, N.J., for plaintiffs-appellants.

Marvin M. Goldstein (argued), Donald B. Shanin, Grotta, Glassman & Hoffman, P.A., Roseland, N.J., for defendant-appellee and third-party plaintiff.

Before SEITZ, Chief Judge, SLOVITER, Circuit Judge and POLLAK, District Judge.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue on appeal is whether trustees of a pension fund (Trustees) who contend the employer failed to contribute to the fund as required by the collective bargaining agreement may maintain a court action despite an arbitration clause in that agreement. The district court dismissed the Trustees' action for lack of subject-matter jurisdiction, holding that the Trustees' contention must be raised in arbitration...

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