00-3413 CK Witco Corp. v. Paper Allied Industrial, Chemical & Energy Workers International Union, Local 60-807, AFL-CIO

By: dmc-admin//November 12, 2001//

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“Current Goldschmidt employees were once Witco employees and were covered by the CBA. Witco’s failure to maintain the ‘full force and effect’ of the CBA in the sale to Goldschmidt is an arbitrable violation for former Witco employees, regardless of the fact that they are currently employed by Goldschmidt. The claims relate to violations that occurred while they were Witco employees. The mere fact that they were discharged and hired by a new employer (Goldschmidt) did not vitiate their rights or their ability, or that of the Union on their behalf, to enforce them through arbitration under the CBA. And, we see no reason that it should have, under the arbitration clause.”

Reversed and remanded.

Appeal from the United States District Court for the Central District of Illinois, Mihm, J., Williams, J.

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