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CATERPILLAR v. INTERNATIONAL UNION, UNITED AUTO. WORKERS OF AMERICA

No. 96-7012.

107 F.3d 1052 (1997)

CATERPILLAR, INC., a Delaware Corporation doing business in Pennsylvania, v. INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA; and its affiliated Local Union 786, Appellants.

United States Court of Appeals, Third Circuit.

Reargued December 2, 1996.

Decided March 4, 1997.

Attorney(s) appearing for the Case

David M. Silberman (Argued), Bredhoff & Kaiser, Washington, DC; Daniel W. Sherrick, International Union of United Auto Workers, Detroit, MI; Wendy L. Kahn, Zwerdling, Paul, Leibig, Kahn, Thompson & Driesen, Washington, DC, for Appellants.

Gerald C. Peterson, Columbus R. Gangemi, Jr. (Argued), Winston & Strawm, Chicago, IL, for Appellee.

James B. Coppess, Washington, DC, for Amicus-Appellant, American Federation of Labor & Congress of Industrial Organizations (AFL-CIO).

Allen H. Feldman, Edward D. Sieger, United States Dep't of Labor, Washington, DC, for Amicus Curiae United States of America.

Council on Labor Law Equality, Proposed Amicus-Appellee.

Before: SLOVITER, Chief Judge, and BECKER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS and McKEE, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this appeal, we must decide whether an employer granting paid leaves of absence to employees who then become the union's full-time grievance chairmen violates § 302 of the Labor Management Relations Act, 29 U.S.C. § 186. The district court held that this practice is illegal, relying on our decision in Trailways Lines, Inc. v. Trailways, Inc. Joint Council, Amalgamated Transit Union,

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