Local 144 Nursing Home Pension Fund v. Demisay

Justice Stevens,

with whom

Justice White and Justice Blackmun join, concurring in the judgment.

The judgment of the Court of Appeals should be reversed because petitioners’ failure to transfer assets to respondents’ Southern Funds did not violate § 302(e)(5) of the Labor Management Relations Act, 1947 (LMRA), 29 U. S. C. § 186(c)(5) (1988 ed., Supp. III). Because the Court unnecessarily decides that § 302(e) of the LMRA would not authorize injunctive relief even had petitioners violated the specific standards of § 302(c)(5), I do not join its opinion.

As the Court explains, see ante, at 582-584,…