· 12/30/1981
Local Lodge No. 1266, International Association of MacHinists and Aerospace Workers, Afl-Cio v. Panoramic Corporation
Citations
- 668 F.2d 276
- 109 L.R.R.M. (BNA) 2169
- 1981 U.S. App. LEXIS 14813
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that courts inquire whether “employer’s action frustrates the arbitral process or deprives the union of an otherwise effective arbitral remedy”
- noting that “[w]here, as here, employer action threatens a permanent loss of jobs, a damage remedy is inadequate” and concluding that reinstate- ment of terminated employees would be, “at best, im- practicable”
- finding that monetary compensation would not be an appropriate remedy where sale of corporate assets in alleged violation of collective bargaining agreement would result in immediate loss of employment for 113 employees represented by the union
- listing irreparable harm as a “prerequisite to an award of injunctive relief from breaches of collective bargaining agreements”
- injunction upheld where sale of division would result in permanent loss of employment; restoration of jobs would have been beyond arbitrator’s power
- injunction may issue if, without one, arbitration would be reduced to “a meaningless ritual”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wood, Cudahy, Dumbauld
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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