Local 670 v. International Union - United States Court Of Appeals For The Sixth Circuit

Local 670 v. International Union

By United States Court Of Appeals For The Sixth Circuit

  • Release Date: 1987-06-26
  • Genre: Law
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Local 670 v. International Union United States Court Of Appeals For The Sixth Circuit Book Review Score: ★★★★★ 5/5 stars

GUY, Circuit Judge. Local 670 of the United Rubber, Cork, Linoleum and Plastic Workers of America (URW) appeals the dismissal of its hybrid breach of contract/duty of fair representation claim pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. §§ 185 and 159(a). The district court, after a hearing on the matter, specifically found Local 670s grievance to be arbitrable but dismissed the suit in its entirety due to its inability to join a sister local out of California (Local 703), which the court found to be an indispensable party under Fed. R. Civ. P. 19 without which the court could not, in equity and good conscience, proceed. The employer, Armstrong Rubber Company (company) cross-appeals the finding of arbitrability. Although we agree that Local 670s claim is properly arbitrable, we find the district courts dismissal due to the absence of Local 703 improper under the circumstances of this case. Therefore, the decision below is affirmed in part and reversed in part, and the case is hereby remanded to the district court for further proceedings in accordance with this opinion.

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