U.S. Court of Appeals for the Second Circuit, 1983

Local 201, United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Industry v. Shaker, Travis & Quinn, Inc.

Local 201, United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Industry v. Shaker, Travis & Quinn, Inc.
U.S. Court of Appeals for the Second Circuit · Decided June 20, 1983 · Metzner, Oakes, Pratt
709 F.2d 178; 114 L.R.R.M. (BNA) 2443 (Federal Reporter, Second Series)

Local 201, United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Industry v. Shaker, Travis & Quinn, Inc.

Opinion of the Court

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 over Local 38 and the propriety of Judge Lasker’s ruling (555 F.Supp. 314 (D.C. 1982)) that tripartite arbitration should be ordered to resolve the litigation need not be decided.

The order appealed from is vacated.

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