International Brotherhood of Teamsters Local Union No. 50 v. Kienstra Precast, LLC

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
Nos. 11-2097 & 11-2185 Cons.
Decision Date: 
December 13, 2012
Federal District: 
S.D. Ill.
Holding: 
Appeal dismissed
Ct. of Appeals lacked jurisdiction to consider interlocutory appeal by defendant-employer of Dist. Ct.'s order denying defendant's request for arbitration of plaintiff-union's lawsuit alleging that defendant violated terms of collective bargaining agreement (CBA) by laying off certain union members and generating sham asset sale of company as alleged ruse to avoid certain obligations under CBA. While defendant argued that Ct. of Appeals had jurisdiction to consider appeal under section 16(a)(1) of Federal Arbitration Act, record showed that defendant's employees were transportation workers performing occasional interstate projects, such that instant CBA was properly classified as contract for employment of interstate workers under section 1 of FFA, which, in turn precluded defendant from using FFA as basis for appellate jurisdiction of instant appeal.