International Association of MacHinists Etc. v. Howmet Corporation, Menasco Manufacturing Company

Good Law
466 F.2d 1249·81 L.R.R.M. (BNA) 2289·1972 U.S. App. LEXIS 7602
United States Court of Appeals for the Ninth CircuitSeptember 11, 197271-1132California3,346 words

Opinion

Opinion

Duniway, J.

The International Association of Machinists, District Lodge 94, and its affiliated Local Lodge 1571 (the Union) filed this action under 29 U.S.C. § 185 to compel arbitration of several grievances against Howmet Corporation and Menasco Manufacturing Co. Summary judgment was entered by the district court in favor of the Union against Menasco, but against the Union with respect to Howmet. Menasco appeals. We remand to the district court for modification of the order.

I. FACTS.

Until 1970, Menasco and Howmet both manufactured aircraft landing gear. In 1970 Menasco, a corporation with manufacturing plants in Burbank, California, and Fort Worth, Texas, purchased two California plants from Howmet, in Montebello and Pomona, and took over How-met’s contracts and manufacturing operations for the production of aircraft landing gear. The Union represented the production and maintenance employees at the Montebello plant and was party to a collective bargaining agreement (the Agreement) with Howmet covering those employees at the-time of the Menasco takeover. In the purchase contract, Menasco succeeded to the Agreement with the Union as soon as it began operating the Montebello…

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