MILLMEN LOCAL 550 v. WELLS EXTERIOR TRIM

No. 85-2788.

828 F.2d 1373 (1987)

MILLMEN LOCAL 550, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO, Plaintiff-Appellee, v. WELLS EXTERIOR TRIM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted August 28, 1987.

Decided September 17, 1987.

As Amended October 6, 1987.


Attorney(s) appearing for the Case

A.K. Abraham, San Francisco, Cal., for defendant-appellant.

Vincent A. Harrington, Jr., San Francisco, Cal., for plaintiff-appellee.

Before HUG, NELSON and NOONAN, Circuit Judges.


HUG, Circuit Judge:

The question presented in this case is whether a labor arbitrator's decision determining liability, but reserving jurisdiction to determine the remedy in the future, is a final and binding award reviewable by the courts under section 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185 (1982).

We determine that such an award is not final and not reviewable. Accordingly, we vacate the district court's summary judgment...

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