Local Lodge No. 790 of the International Association of MacHinists and Aerospace Workers, Afl-Cio v. Champion Carriers, Inc.

Tenth Circuit

Local Lodge No. 790 of the International Association of MacHinists and Aerospace Workers, Afl-Cio v. Champion Carriers, Inc.

470 F.2d 744, 82 L.R.R.M. (BNA) 2160, 1972 U.S. App. LEXIS 6249

CourtCourt of Appeals for the Tenth Circuit

DecidedDecember 18, 1972

Docket72-1427

StatusPublished

Cited by5 cases

This text of 470 F.2d 744 (Local Lodge No. 790 of the International Association of MacHinists and Aerospace Workers, Afl-Cio v. Champion Carriers, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Local Lodge No. 790 of the International Association of MacHinists and Aerospace Workers, Afl-Cio v. Champion Carriers, Inc., 470 F.2d 744, 82 L.R.R.M. (BNA) 2160, 1972 U.S. App. LEXIS 6249 (10th Cir. 1972).

Pincite

Opinion

PER CURIAM.

The union appeals from a judgment of the district court allowing Champion to deduct unemployment compensation from a back pay award to a union member. Jurisdiction is pursuant to the Labor Management Relations Act of 1947, 29 U.S.C. § 185(a) (1970).

An arbitrator determined that Tully Johnson, a Champion employee and union member, was wrongfully discharged. The arbitrator ordered that “the griev-ant [Johnson] shall be reinstated with full back pay . . . less any amount earned from other employment. ti

During the period between his discharge and reinstatement Johnson earned $1,304.25 from other employment. He also received $520.00 in unemployment compensation from the State of Oklahoma. Champion reinstated Johnson and paid him his back pay *745 less $1,304.25 and $520.00, contending that the unemployment compensation constituted “earnings.” The union brought this action on behalf of employee Johnson to recover the $520.00.

The arbitrator’s award authorized only amounts “earned from other employment” to be deducted from the back pay award. Clearly, the language of the award does not allow deduction of unemployment compensation benefits. NLRB v. Gullett Gin Co., 340 U.S. 361, 71 S.Ct. 337, 95 L.Ed. 337 (1951); Marshall Field & Co. v. NLRB, 318 U.S. 253, 63 S.Ct. 585, 87 L.Ed. 744 (1943); Winn-Dixie Stores, Inc. v. NLRB, 413 F.2d 1008 (5th Cir. 1969); International Association of Machinists, Lodge 917 v. Air Products & Chemicals, Inc., 341 F.Supp. 874 (E.D.Pa.1972); see also 48 Am.Jur.2d, Labor and Labor Relations § 1070, and Annot., 144 A.L.R. 399 (1943). The right of Champion to deduct the $520.00 from the arbitrator’s award for back pay is the only question before us.

Reversed and remanded with instructions to enter judgment for the plaintiff.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The union appeals from a judgment of the district court allowing Champion to deduct unemployment compensation from a back pay award to a union member. Jurisdiction is pursuant to the Labor Management Relations Act of 1947, 29 U.S.C. § 185(a) (1970).

An arbitrator determined that Tully Johnson, a Champion employee and union member, was wrongfully discharged. The arbitrator ordered that “the griev-ant [Johnson] shall be reinstated with full back pay . . . less any amount earned from other employment. ti

During the period between his discharge and reinstatement Johnson earned $1,304.25 from other employment. He also received $520.00 in unemployment compensation from the State of Oklahoma. Champion reinstated Johnson and paid him his back pay *745 less $1,304.25 and $520.00, contending that the unemployment compensation constituted “earnings.” The union brought this action on behalf of employee Johnson to recover the $520.00.

The arbitrator’s award authorized only amounts “earned from other employment” to be deducted from the back pay award. Clearly, the language of the award does not allow deduction of unemployment compensation benefits. NLRB v. Gullett Gin Co., 340 U.S. 361, 71 S.Ct. 337, 95 L.Ed. 337 (1951); Marshall Field & Co. v. NLRB, 318 U.S. 253, 63 S.Ct. 585, 87 L.Ed. 744 (1943); Winn-Dixie Stores, Inc. v. NLRB, 413 F.2d 1008 (5th Cir. 1969); International Association of Machinists, Lodge 917 v. Air Products & Chemicals, Inc., 341 F.Supp. 874 (E.D.Pa.1972); see also 48 Am.Jur.2d, Labor and Labor Relations § 1070, and Annot., 144 A.L.R. 399 (1943). The right of Champion to deduct the $520.00 from the arbitrator’s award for back pay is the only question before us.

Reversed and remanded with instructions to enter judgment for the plaintiff.

Cite This Page — Counsel Stack

Bluebook (online)

470 F.2d 744, 82 L.R.R.M. (BNA) 2160, 1972 U.S. App. LEXIS 6249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/local-lodge-no-790-of-the-international-association-of-machinists-and-ca10-1972.

Opinion

Related

Cite This Page — Counsel Stack