Trustees of the Local 478 Trucking & Allied Industries Pension Fund v. Siemens Corp.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue on appeal is whether trustees of a pension fund (Trustees) who contend the employer failed to contribute to the fund as required by the collective bargaining agreement may maintain a court action despite an arbitration clause in that agreement. The district court dismissed the Trustees’ action for lack of subject-matter jurisdiction, holding that the Trustees’ contention must be raised in arbitration, a proceeding which can be instituted against the employer only at the discretion of the union. We reverse, grounding our decision on policy…