Arbitration - Robbins v. Prosser's Moving and Storage Co.: The Eighth Circuit Allows Pension Trustees to Bypass Arbitration
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Authors
Tideman, Curtis
Issue Date
1984
Volume
17
Issue
Type
Journal Article
Language
Keywords
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Abstract
INTRODUCTION|When the Labor Management Relations Act of 1947 (LMRA) was passed, Congress voiced approval of arbitration by recommending that "a method agreed upon by the parties" be used to settle disputes arising from the interpretation of collective bargaining agreements. In the Steelworkers Trilogy, the Supreme Court of the United States echoed that approval by announcing a judicial preference for arbitration. |Despite this generally recognized federal labor policy which favors the use of arbitration, the United States Court of Appeals, Eighth Circuit, in Robbins v. Prosser's Moving and Storage Co., intimated that arbitration may not provide sufficient protection for pension trust benefit claims. Although employee grievance procedures must usually begin with arbitration, the Robbins court allowed pension trustees to bypass arbitration and sue in district court. |The Robbins case represents an effort to integrate federal labor policy and statutory protections provided for pension trusts. In its attempt to coordinate these two bodies of law, the Eighth Circuit overruled several prior decisions, and now stands in...
Description
Citation
17 Creighton L. Rev. 1209 (1983-1984)
Publisher
Creighton University School of Law