Legal Opinion · Concurring in part, dissenting in part
Local Number 358, Bakery & Confectionery Workers Union, Afl-Cio v. Nolde Brothers, Incorporated
Court of Appeals for the Fourth Circuit
Decided May 19, 1976No. 74--2285Published
1Concurring in part, dissenting in partWidener, Circuit Judge
While I agree that this case calls for referral to arbitration, I do not agree that Piano & Musical Instrument Workers v. W. W. Kimball, 379 U.S. 357, 85 S.Ct. 441, 13 L.Ed.2d 541 (1964), forecloses an objection to arbitration being lodged before the arbitrator. I, therefore, respectfully dissent from that portion of the majority’s opinion.
In Piano Workers, the defendant Kim-ball had entered into a collective bargaining agreement with Piano & Musical Workers Local 2549. The contract period ran from October 1, 1960 to October 1, 1961. In August 1961, the defendant decided to discontinue…
2Cases cited14 opinions
- United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
- United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
- John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
- Timken Roller Bearing Co. v. National Labor Relations BoardCourt of Appeals for the Sixth Circuit · 1947
- Winston-Salem Printing Pressmen and Assistants' Union No. 318 v. Piedmont Publishing Company of Winston-SalemCourt of Appeals for the Fourth Circuit · 1968
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