· 2/22/1985
t.i.m.e.-dc, Inc. v. Management-Labor Welfare & Pension Funds, of Local 1730 International Longshoremen's Association
Citations
- 756 F.2d 939
- 6 Employee Benefits Cas. (BNA) 1374
- 1985 U.S. App. LEXIS 29766
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that exceptions to § 1401(a)’s requirement of arbitration include “when the nonjudicial remedy is inadequate, statutory interpretation is required or there is a constitutional question”
- excusing failure to arbitrate where (1) case presents no questions of fact or issues of contract interpretation; (2) it is probable that parties would seek judicial review of arbitrator's decision; and (3
- excusing failure to arbitrate where (1) case presents no questions of fact or issues of contract interpretation; (2) it is probable that parties would seek judicial review of arbitrator’s decision; and (3
- deciding issue without statement as to jurisdiction
- \The Act subjects to arbitration factual issues the resolution of which is necessary to calculate withdrawal liability\
- “... if an employer disputes the amount of its withdrawal liability, then it must proceed to arbitration.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cardamone, Davis, Newman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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