DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
201686P.pdf 06/16/2021 David Gillick v. Gary Elliott
U.S. Court of Appeals Case No: 20-1686
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Shepherd, Author, with Erickson and Kobes, Circuit Judges]
Civil case - Labor Law. In action by the Employer Trustees of the Welfare
Trust asking the district court to appoint an impartial umpire to resolve
a deadlocked motion pursuant to Section 302(c)(5) of the Labor Management
Relations Act, the district court concluded the motion was invalid under
the Act's "equal representation" requirement. Based on the entirety of the
Trust Agreement, the delegation proposed by the Employer Trustees'
deadlocked motion is beyond the Trustees' authority to implement and would
require amending the Trust Agreements; as a result, the deadlocked motion
does not concern trust fund "administration" under the Act or the
Agreement, and is not the kind of dispute for which the Trustees may seek
the appointment of an umpire.