Trustees of National Benefit Fund for Hospital and Health Care Employees v. Constant Care Community Health Center, Incorporated

WINTER, Chief Judge:

The Trustees of National Benefit Fund for Hospital and Health Care Employees sued defendant, a provider of health care services, to collect delinquent payments owed the fund which they administer. The district court dismissed the complaint without prejudice, ruling that plaintiffs must resort to arbitration as provided in the collective bargaining agreement between defendant and the union before seeking judicial relief. Although mindful of the strong federal policy to encourage and enforce arbitration agreements, we see no justification for requiring arbitration under the…