Millmen Local 550, United Brotherhood of Carpenters and Joiners of America, Afl-Cio v. Wells Exterior Trim

The question presented in this case is whether a labor arbitrator’s decision determining liability, but reserving jurisdiction to determine the remedy in the future, is a final and binding award reviewable by the courts under section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185 (1982).

We determine that such an award is not final and not reviewable. Accordingly, we vacate the district court’s summary judgment confirming the decision of the labor arbitrator, and remand for the district court to dismiss the petition for confirmation.

I.

Well’s Exterior Trim is a signatory to the 1981-84 Master Agreement between Local 550 and the Lumber and Mill Employer’s Association. On June 11, 1984, an arbitration was held to resolve union grievances alleging violations of the collective bargaining agreement by Well’s Exterior Trim. The issue presented for arbitration was “[wjhether the Employer violated Sections 1, 2 and 3 of the Agreement by its employment and assignment of Employees in performance of bargaining unit work, and if so, what remedy.” The arbitrator held that Well’s Exterior Trim had violated the relevant sections of the bargaining agreement. The…