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LOCAL 201, UNITED ASSOCIATION OF JOURNEYMEN & APPRENTICES v. SHAKER, TRAVIS & QUINN, INC.

No. 1399, Docket 83-7097.

709 F.2d 178 (1983)

LOCAL 201, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING & PIPEFITTING INDUSTRY, AFL-CIO, Plaintiff-Appellee, v. SHAKER, TRAVIS & QUINN, INC., Defendant, and Local 38, Sheet Metal Workers International Association, AFL-CIO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 20, 1983.

Attorney(s) appearing for the Case

Robert A. Cantore, New York City (Vladeck, Waldman, Elias & Engelhard, Richard S. Corenthal, New York City, of counsel), for plaintiff-appellee.

Jeffrey S. Dubin, Lake Success, N.Y., for defendant-appellant.

N.L.R.B., Washington, D.C., William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Aileen A. Armstrong, Asst. Gen. Counsel for Special Litigation, Corinna Lothar Metcalf, Atty., Washington, D.C., of counsel, for amicus curiae.

Before OAKES and PRATT, Circuit Judges, and METZNER, District Judge.

PER CURIAM:

On the argument of this appeal it became apparent that in view of the changed circumstances since the institution of the action, the only possible relief available to Local 201 in the lawsuit is the award of money damages against the employer. The arbitrator appointed pursuant to the terms of the collective bargaining agreement between Local 201 and the employer is considering that issue.

Consequently, the question of whether the court has jurisdiction...

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