Local 144 Nursing Home Pension Fund v. Demisay, 508 U. S. 581 (1993)

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582

LOCAL 144 NURSING HOME PENSION FUND v. DEMISAY

Opinion of the Court

determine when breaches of that trust have occurred and how they may be remedied. Language in Arroyo v. United States, 359 U. S. 419, 426- 427, and NLRB v. Amax Coal Co., 453 U. S. 322, 331, that is perhaps susceptible of a contrary reading is pure dicta. Pp. 587-593. 935 F. 2d 528, reversed and remanded.

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, Souter, and Thomas, JJ., joined. Stevens, J., filed an opinion concurring in the judgment, in which White and Blackmun, JJ., joined, post, p. 593.

Henry Rose argued the cause for petitioners. With him on the briefs was Linda E. Rosenzweig.

Ronald E. Richman argued the cause for respondents. With him on the brief were Mark E. Brossman and Eileen M. Fields.*

Justice Scalia delivered the opinion of the Court.

This case presents the question whether a federal district court may issue an injunction pursuant to § 302 of the Labor Management Relations Act, 1947 (LMRA), 61 Stat. 157, as amended, 29 U. S. C. § 186 (1988 ed. and Supp. III), requiring the trustees of a multiemployer trust fund to transfer assets from that fund to a new multiemployer trust fund established by employers who broke away from the first fund.

I

Respondents include a group of employers that, until 1981, were members of a multiemployer bargaining association, the Greater New York Health Care Facilities Association, Inc. (Greater Employer Association). Two trust funds—the

*Briefs of amici curiae urging reversal were filed for the United States by Solicitor General Starr, Christopher J. Wright, Ronald J. Mann, Allen H. Feldman, Mark S. Flynn, Carol Connor Flowe, and Jeffrey B. Cohen; for the Central States, Southeast and Southwest Areas Health and Welfare and Pension Funds by Thomas C. Nyhan and Terence G. Craig; for the National Coordinating Committee for Multiemployer Plans by Gerald M. Feder and David R. Levin; and for the Western Conference of Team-sters Pension Trust Fund by Robert M. Westberg and Kirke M. Hasson.

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