Luden's Inc. v. Local Union No. 6 of Bakery, Confectionery and Tobacco Workers' Intern. Union of America, No. 92-1982

CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
Writing for the CourtBefore BECKER, ALITO, and ROTH; EDWARD R. BECKER; ALITO
Citation28 F.3d 347
Parties146 L.R.R.M. (BNA) 2586, 63 USLW 2008, 128 Lab.Cas. P 11,137 LUDEN'S INC., Appellee, v. LOCAL UNION NO. 6 OF the BAKERY, CONFECTIONERY AND TOBACCO WORKERS' INTERNATIONAL UNION OF AMERICA; American Arbitration Association, Bakery, Confectionery and Tobacco Workers' International Local Union 6, Appellant.
Docket NumberNo. 92-1982
Decision Date20 July 1994
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69 practice notes
  • Chicago Pneumatic Tool Co. v. Smith, No. 91-CV-822.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • June 26, 1995
    ...if the lapsed CBA arguably creates the obligation which is the subject of the grievance. See Luden's Inc. v. Local Union No. 6, 28 F.3d 347, 353 n. 8 (3rd Cir. 1994) (same) (and cases cited therein) (emphasis added by Third Circuit). The continuing validity of this rule was called into ques......
  • Berger v. Commissioner, Docket No. 2464-93.
    • United States
    • United States Tax Court
    • February 22, 1996
    ...Cir. 1995) (contracts, enforceability of release); Luden's Inc. v. Local 6 Bakery, Confectionery & Tobacco Workers' Intl. Union of Am., 28 F.3d 347, 354-355 (3d Cir. 1994) (contracts, collective bargaining agreement in labor law); Livingstone v. North Belle Vernon Borough, 12 F.3d 1205, 121......
  • Rite Aid of Pa. v. Food Workers Union, Local 1776, No. 09-1989.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • February 16, 2010
    ...arising under expired collective bargaining agreements. See Luden's Inc. v. Local Union No. 6 of the Bakery Workers' Int'l Union of Am., 28 F.3d 347, 354 (3d Cir.1994) (declining to answer whether Litton "impliedly overruled the portion of Nolde holding that a court answering the arbitrabil......
  • Durham Life Ins. Co. v. Evans, No. 94-
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • January 15, 1999
    ...generally file an unfair labor practice charge rather than arbitrating. The issue is complicated by Luden's Inc. v. Local Union No. 6, 28 F.3d 347, 355-56 (3d Cir.1994), not cited by the parties. Under Luden's, an arbitration clause in a lapsed CBA will continue in effect until one side cle......
  • Request a trial to view additional results
67 cases
  • Chicago Pneumatic Tool Co. v. Smith, No. 91-CV-822.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • June 26, 1995
    ...if the lapsed CBA arguably creates the obligation which is the subject of the grievance. See Luden's Inc. v. Local Union No. 6, 28 F.3d 347, 353 n. 8 (3rd Cir. 1994) (same) (and cases cited therein) (emphasis added by Third Circuit). The continuing validity of this rule was called into ques......
  • Berger v. Commissioner, Docket No. 2464-93.
    • United States
    • United States Tax Court
    • February 22, 1996
    ...Cir. 1995) (contracts, enforceability of release); Luden's Inc. v. Local 6 Bakery, Confectionery & Tobacco Workers' Intl. Union of Am., 28 F.3d 347, 354-355 (3d Cir. 1994) (contracts, collective bargaining agreement in labor law); Livingstone v. North Belle Vernon Borough, 12 F.3d 1205, 121......
  • Rite Aid of Pa. v. Food Workers Union, Local 1776, No. 09-1989.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • February 16, 2010
    ...arising under expired collective bargaining agreements. See Luden's Inc. v. Local Union No. 6 of the Bakery Workers' Int'l Union of Am., 28 F.3d 347, 354 (3d Cir.1994) (declining to answer whether Litton "impliedly overruled the portion of Nolde holding that a court answering the arbitrabil......
  • Durham Life Ins. Co. v. Evans, No. 94-
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • January 15, 1999
    ...generally file an unfair labor practice charge rather than arbitrating. The issue is complicated by Luden's Inc. v. Local Union No. 6, 28 F.3d 347, 355-56 (3d Cir.1994), not cited by the parties. Under Luden's, an arbitration clause in a lapsed CBA will continue in effect until one side cle......
  • Request a trial to view additional results
2 firm's commentaries
  • Third Circuit Takes Supreme Court Cue And Rejects "Implied" Union Contracts
    • United States
    • Mondaq United States
    • April 6, 2022
    ...at *9 (3d Cir. 2022) overruling Luden's Inc. v. Local Union No. 6 of the Bakery, Confectionery & Tobacco Workers International Union 28 F. 3d 347 (3d Cir. 1994). In upholding the District Court's ruling granting summary judgment in favor of the Company, the panel refused to require the Pitt......
  • Third Circuit Takes Supreme Court Cue and Rejects “Implied” Union Contracts
    • United States
    • LexBlog United States
    • April 4, 2022
    ...at *9 (3d Cir. 2022) overruling Luden’s Inc. v. Local Union No. 6 of the Bakery, Confectionery & Tobacco Workers International Union 28 F. 3d 347 (3d Cir. 1994). In upholding the District Court’s ruling granting summary judgment in favor of the Company, the panel refused to require the Pitt......

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