Construction Laborers Pension Trust v. Cen-Vi-Ro Concrete Pipe & Products Company, Inc.

Appellant Concrete Pipe & Products Co. of California (CP & P) challenges a district court order that it submit to arbitration under the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. §§ 1001a, 1322a-1461 (1982 & Supp. 1 1983) (MPPAA), to determine its date of withdrawal from appellee Construction Laborers Pension Trust (Trust). The district court, in a partial grant of summary judgment for the Trust, ordered the parties to arbitration, denied summary judgment on several remaining constitutional issues without prejudice to their renewal after arbitration, and retained jurisdiction over the action to review the arbitrator’s decision. Because the order to arbitration is not a final order and because it did not effectively deny CP & P injunctive relief so as to create a risk of irreparable injury that can only be effectually challenged by immediate appeal, we dismiss the appeal for lack of jurisdiction.

FACTS

The MPPAA regulates employer withdrawals from multiemployer benefit plans. Under the statute, an employer who withdraws from a plan on or after April 29, 1980, must pay a share of the plan’s unfunded vested liability, calculated by the plan’s sponsor. If an…