VIGGIANO v. SHENANGO CHINA DIV. OF ANCHOR HOCKING

Nos. 84-3059, 84-3075.

750 F.2d 276 (1984)

James VIGGIANO, Anthony Conti, Anthony Smiley, for themselves and all persons similarly situated, Appellants in 84-3075, v. SHENANGO CHINA DIVISION OF ANCHOR HOCKING CORPORATION, Appellant in 84-3059.

United States Court of Appeals, Third Circuit.

Decided December 19, 1984.


Attorney(s) appearing for the Case

Henry J. Wallace, Jr. (argued), Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellant Shenango China Div.

William T. Payne, (argued), Daniel P. McIntyre, United Steelworkers of America, Pittsburgh, Pa., for appellees Viggiano, Conti, and Smiley.

Before ALDISERT, Chief Judge, HUNTER and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

The dispute in this case is whether an employer was required to continue payment of premiums for a group hospitalization plan for its employees during a strike. Because the employer's obligation to fund the Plan had its roots in the collective bargaining agreement, we conclude that the parties should resort to its grievance procedures in the first instance rather than ERISA's judicial remedies. For that reason we...

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