United Steelworkers of Am., Afl-Cio v. Canron, Inc., & Warren Pipe & Foundry Div., 580 F.2d 77 (3rd Cir. 1978). · Go Syfert
United Steelworkers of Am., Afl-Cio v. Canron, Inc., & Warren Pipe & Foundry Div., 580 F.2d 77 (3rd Cir. 1978). Cases Citing This Book View Copy Cite
“rbitration of this dispute may be compelled . . . regarding the 12 payment of premiums for medical and health insurance coverage of retired 13 employees.”
74 citation events (37 in the last 25 years) across 21 distinct courts.
Strongest positive: Local Union 97 v. NRG Energy, Inc. (ca2, 2022-11-10)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (quoted) Local Union 97 v. NRG Energy, Inc.
2d Cir. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence low
rbitration of this dispute may be compelled . . . regarding the 12 payment of premiums for medical and health insurance coverage of retired 13 employees.
discussed Cited as authority (rule) Local Union 97, Int'l Bhd. of Elec. Workers, AFL-CIO v. Niagara Mohawk
2d Cir. · 2023 · confidence medium
"Where employers have undertaken such contractual obligations, 'accepted contract principles' indicate that a 'union has a legitimate interest in protecting the rights of the retirees and is entitled to seek enforcement of the applicable contract provisions.'" Id. (quoting United Steelworkers of Am. v. Canron, Inc., 580 F.2d 77, 80-81 (3d Cir. 1978)).
discussed Cited as authority (rule) City of Augusta v. Teamsters Union Local 340
Me. Super. Ct · 2015 · confidence medium
United Steelworkers ofAmerica v. Canron, Inc., 580 F.2d 77, 81 (3d Cir. 1978) (holding that the union had standing to represent retirees in seeking arbitration under its labor contract and explaining that"[e]ven though retirement benefits of former employees already retired are not a mandatory subject of collective bargaining, it does not naturally follow ... that a union loses all interest in the fate of its members once they retire") (quotation omitted); Cleveland Elec.
cited Cited as authority (rule) North Cypress Medical Center Operating Co. v. Cigna Healthcare
5th Cir. · 2015 · confidence medium
Workers Union of Am., 440 F.3d 809 , 815-16 (6th Cir.2006); United Steelworkers of Am., AFL-CIO v. Canron, Inc., 580 F.2d 77, 80-81 (3d Cir.1978). 45 .
discussed Cited as authority (rule) In re Visteon Corp.
3rd Cir. · 2014 · confidence medium
Nothing prevents a union from representing its retirees if “the union has a legitimate interest in protecting the rights of the retirees and is entitled to seek enforcement of the applicable contract provisions.” United Steelworkers of Am., AFL-CIO v. Canron, Inc., 580 F.2d 77, 80-81 (3d Cir.1978).
discussed Cited as authority (rule) Visteon Corporation v.
3rd Cir. · 2014 · confidence medium
Nor did we as much as hint that the Bankruptcy Court lacked jurisdiction over the dispute, or that any party was deprived of due process. 11 legitimate interest in protecting the rights of the retirees and is entitled to seek enforcement of the applicable contract provisions.” United Steelworkers of Am., AFL- CIO v. Canron, Inc., 580 F.2d 77, 80-81 (3d Cir. 1978).
discussed Cited as authority (rule) Visteon Corporation v.
3rd Cir. · 2014 · confidence medium
Nor did we as much as hint that the Bankruptcy Court lacked jurisdiction over the dispute, or that any party was deprived of due process. 11 legitimate interest in protecting the rights of the retirees and is entitled to seek enforcement of the applicable contract provisions.” United Steelworkers of Am., AFL- CIO v. Canron, Inc., 580 F.2d 77, 80-81 (3d Cir. 1978).
examined Cited as authority (rule) United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union v. Cookson America, Inc. (3×)
2d Cir. · 2013 · confidence medium
Workers Union of Am., 440 F.3d 809 , 815 (6th Cir.2006); United Steelworkers v. Canron, Inc., 580 F.2d 77, 81 (3d Cir.1978).
discussed Cited as authority (rule) Kop-Flex Emerson Power Transmission Corp. v. International Ass'n of Machinists & Aerospace Workers Local Lodge No. 1784, District Lodge No. 4 (2×)
D. Maryland · 2012 · confidence medium
Workers Union of Am., 440 F.3d 809 , 815 (6th Cir.2006) (“[T]he presumption of arbitrability applies to disputes over retirees’ benefits if the parties have contracted for such benefits in them [CBA]____”); United Steelworkers of Am., AFL-CIO v. Canron, Inc., 580 F.2d 77, 82 (3d Cir.1978) (applying presumption); Burcicki v. Newcor, Inc., No. 02-70230-DT, 2010 WL 1131451 , at *11 (E.D.Mich.
discussed Cited as authority (rule) Exelon Generation Co., LLC v. Local 15, International Brotherhood of Electrical Workers
7th Cir. · 2008 · confidence medium
Workers Union, 440 F.3d 809 , 816 (6th Cir.2005) (“[T]he presumption of arbitrability applies to disputes over retirees’ benefits if the parties have contracted for such benefits in their [CBA].... ”); United Steelworkers of Am., AFL-CIO v. Canron, Inc., 580 F.2d 77, 82 (3d Cir.1978) (applying presumption).
discussed Cited as authority (rule) Exelon Generation Co v. Local 15 Electrical
7th Cir. · 2008 · confidence medium
Workers Union, 440 F.3d 809 , 816 (6th Cir. 2005) (“[T]he presumption of arbitrability applies to disputes over retirees’ benefits if the parties have contracted for such benefits in their [CBA]. . . .”); United Steelworkers of Am., AFL-CIO v. Canron, Inc., 580 F.2d 77, 82 (3d Cir. 1978) (applying presumption).
cited Cited as authority (rule) United Steelworkers of America v. Retirement Income Plan for Hourly-Rated Employees of ASARCO, Inc.
9th Cir. · 2008 · confidence medium
Id. at 82.
discussed Cited as authority (rule) Paper, Allied-Industrial Chemical & Energy Workers International Union, Local 8-192 v. TXI Riverside Cement Co. (2×) also: Cited "see, e.g."
9th Cir. · 2007 · confidence medium
Second, the retiree plan meets the definition of plans referred to in Section 7 since it is a “benefit plan” that was “negotiated between the parties.” As a general matter, “a union [does not lose] all interest in the fate of its members once they retire.” United Steelworkers v. Canron, 580 F.2d 77, 81 (3d Cir.1978) (quoting Rosen v. Public Service Electric & Gas Co., 477 F.2d 90 , 94 n. 8 (3d Cir. 1973)).
discussed Cited as authority (rule) IAM Lodge 2121 v. Goodrich Corp
5th Cir. · 2005 · confidence medium
On the other hand, the Third Circuit in United Steelworkers v. Canron, 580 F.2d 77, 81 (3d Cir. 1978), held that in a section 301 suit “the plaintiff-union has standing to represent the retirees in seeking 17 arbitration under its labor contract with” the defendant- employer.
discussed Cited as authority (rule) International Association of MacHinists and Aerospace Workers Local Lodge 2121 Afl-Cio v. Goodrich Corporation, Formerly Known as Bf Goodrich Company
5th Cir. · 2005 · confidence medium
On the other hand, the Third: Circuit in United Steelworkers v. Canron, 580 F.2d 77, 81 (3d Cir.1978), held that in a section 301 suit “the plaintiff-union has standing to represent the retirees in seeking arbitration under its labor contract with” the defendant-employer.
discussed Cited as authority (rule) Cranston v. Int'l Brotherhood, Police Officers, 04-1043 (r.I.super. 2005)
Sup. Ct. R.I. · 2005 · confidence medium
The Court observed, "Even though retirement benefits of former employees already retired are not a mandatory subject of collective bargaining, `it does not naturally follow, as the company implies, that a union loses all interest in the fate of its members once they retire.'" Id. at 81.
discussed Cited as authority (rule) City of Galveston v. Galveston Municipal Police Ass'n
Tex. App. · 2001 · confidence medium
Local 589, International Ladies’ Garment Workers’ Union v. Kellwood Co., 592 F.2d 1008, 1011-12 (8th Cir.1979); United Steelworkers v. Canron, Inc., 580 F.2d 77, 80-81 (3rd Cir.1978) (upholding union’s standing to represent retirees in seeking arbitration under CBA).
discussed Cited as authority (rule) Robert J. Meza v. General Battery Corporation and Provident Life and Accident Insurance Company (2×)
5th Cir. · 1990 · confidence medium
The Acme court followed the logic of United Steelworkers of America v. Canron, Inc., 580 F.2d 77, 80-81 (3d Cir.1978), a case in which the court upheld a union’s standing to represent retirees in seeking arbitration under collective bargaining agreement.
discussed Cited as authority (rule) Robert Anderson, Jr. v. Alpha Portland Industries, Inc. (2×)
8th Cir. · 1985 · confidence medium
The cases Alpha cites, however, e.g., United Steelworkers v. Canron, Inc., 580 F.2d 77, 80-81 (3d Cir.1978); Textile Workers Local 129 v. Columbia Mills, 471 F.Supp. 527, 530-31 (N.D.N.Y.1978), support only the proposition that a union has standing to assert retirees’ rights under a collective bargaining agreement to which it is a party if it chooses and that an employer may not refuse to arbitrate its contractual obligations with the union.
examined Cited as authority (rule) Robert Anderson, Jr. v. Alpha Portland Industries, Inc. (4×)
8th Cir. · 1984 · confidence medium
Local 589, International Ladies’ Garment Workers’ Union v. Kell-wood Co., 592 F.2d 1008 (8th Cir.1979); United Steelworkers v. Canron, Inc., 580 F.2d 77, 80-81 (3rd Cir.1978).
discussed Cited as authority (rule) Trustees of the Local 478 Trucking and Allied Industries Pension Fund, and the Joint Welfare Fund of Employers and Local 478, International Brotherhood of Teamsters v. Siemens Corp., and Third-Party v. Local 478, International Brotherhood of Teamsters and Joseph P. Uzzolino, President of Said Local Union, and Joseph A. Uzzolino, Business Agent of Said Local Union, Third-Party
3rd Cir. · 1983 · confidence medium
We have held that the district court may compel a reluctant employer to arbitrate a pension issue with the union, see United Steelworkers v. Canron, Inc., 580 F.2d 77, 81-82 (3d Cir.1978); United Rubber, Cork, Linoleum and Plastic Workers v. Lee Rubber & Tire Corp., 394 F.2d 362, 365 (3d Cir.), cert. denied, 393 U.S. 835 , 89 S.Ct. 108 , 21 L.Ed.2d 105 (1968), but in these cases the interests of the workers, past and present, were allied against the employer 7 We also do not decide whether and under what circumstances the Trustees or beneficiaries may seek independent relief from an arbitral a…
discussed Cited as authority (rule) Trustees of the Local 478 Trucking & Allied Industries Pension Fund v. Siemens Corp.
3rd Cir. · 1983 · confidence medium
We have held that the district court may compel a reluctant employer to arbitrate a pension issue with the union, see United Steelworkers v. Canron, Inc., 580 F.2d 77, 81-82 (3d Cir.1978); United Rubber, Cork, Linoleum and Plastic Workers v. Lee Rubber & Tire Corp., 394 F.2d 362, 365 (3d Cir.), cert. denied, 393 U.S. 835 , 89 S.Ct. 108 , 21 L.Ed.2d 105 (1968), but in these cases the interests of the workers, past and present, were allied against the employer. .
discussed Cited as authority (rule) International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (Uaw), and Local 134, Uaw v. Yard-Man, Incorporated (2×)
6th Cir. · 1983 · confidence medium
United Steelworkers of America, AFL-CIO v. Canron, Inc., 580 F.2d 77, 80 (3d Cir.1978).
discussed Cited as authority (rule) Anderson v. Alpha Portland Industries, Inc.
E.D. Mo. · 1982 · confidence medium
If the Company made such a commitment in the collective bargaining agreement it entered into with the Union, “then under accepted contract principles the union has a legitimate interest in protecting the rights of the retirees and is entitled to seek enforcement of the applicable contract provisions.” United Steelworkers of America, AFL-CIO v. Canron, Inc., 580 F.2d 77, 80-81 (3d Cir.1978) (footnote omitted).
discussed Cited as authority (rule) United Rubber, Cork, Linoleum & Plastic Workers Local Union 184 v. Electric Hose & Rubber Co.
D. Del. · 1981 · confidence medium
EH&R has not met its “burden that the arbitration clause is not susceptible of an interpretation that covers this dispute.” United Steelworkers of America v. Canron, Inc., 580 F.2d 77, 82 (3d Cir. 1978).
discussed Cited as authority (rule) Philadelphia Printing Pressmen's Union No. 16, Aniline Division v. International Paper Company, Single Service Division
3rd Cir. · 1981 · confidence medium
United Steelworkers v. Warrior & Gulf Navigation Co., supra, 363 U.S. at 582-83, 80 S.Ct. at 1353; Westinghouse Broadcasting Co. v. Local 804, Int’l Alliance of Theatrical Stage Employees, supra at 100; United Steelworkers v. Canron, Inc., 580 F.2d 77, 82 (3d Cir. 1978).
discussed Cited as authority (rule) United Steelworkers Of America v. Fort Pitt Steel Casting Division-Conval-Penn Inc.
3rd Cir. · 1980 · confidence medium
Moreover, as we stated in United Steelworkers v. Canron, 580 F.2d 77, 82 (3d Cir.1978), "(i)n determining ... the arbitrability of the dispute-the 'bottom line' is not calculated by the status of the grievants but by the nature of the duties and obligations of the parties under the contract." Therefore, the fact that the 1975 Agreement limits the right to file grievances to "employees" does not indicate that the parties intended to preclude arbitration over the issues in this case. 14 Third, Fort Pitt argues that paragraph 142, which provides that any grievance that arose prior to March 3, 197…
discussed Cited as authority (rule) United Steelworkers v. Fort Pitt Steel Casting Division-Conval-Penn Inc.
3rd Cir. · 1980 · confidence medium
Moreover, as we stated in United Steelworkers v. Canron, 580 F.2d 77, 82 (3d Cir. 1978), “[i]n determining . . . the arbitrability of the dispute-the ‘bottom line’ is not calculated by the status of the grievants but by the nature of the duties and obligations of the parties under the contract.” Therefore, the fact that the 1975 Agreement limits the right to file grievances to “employees” does not indicate that the parties intended to preclude arbitration over the issues in this case.
discussed Cited as authority (rule) Wilkes-Barre Publishing Co. v. Newspaper Guild of Wilkes-Barre, Local 120
M.D. Penn. · 1980 · confidence medium
Accord, Westinghouse Broadcasting Co. v. Local 804, International Alliance of Theatrical Stage Employees, 616 F.2d 97 , at 100 (3d Cir., March 12, 1980); Teamsters Local 249 v. Western Pennsylvania Motor Carriers Association, 574 F.2d at 786-87 ; United Steelworkers v. Canron, Inc., 580 F.2d 77, 82 (3d Cir. 1978); Controlled Sanitation Corp. v. District 128, International Association of Machinists, 524 F.2d 1324, 1328 (3d Cir. 1975), cert. denied, 424 U.S. 915 , 96 S.Ct. 1114 , 47 L.Ed.2d 319 (1976).
discussed Cited as authority (rule) Local 589, International Ladies' Garment Workers' Union, Afl-Cio v. Kellwood Company (2×) also: Cited "see"
8th Cir. · 1979 · confidence medium
United Steelworkers v. Canron, supra, 580 F.2d at 80, 81 (emphasis in original). 6 .
discussed Cited as authority (rule) Textile Workers of America, AFL-CIO, Local 129 v. Columbia Mills, Inc.
N.D.N.Y. · 1978 · confidence medium
If the Company made such a commitment in the collective bargaining agreement it entered into with the Union, “then under accepted contract principles the union has a legitimate interest in protecting the rights of the retirees and is entitled to seek enforcement of the applicable contract provisions.” United Steelworkers of America, AFL-CIO v. Cannon, Inc., 580 F.2d 77, 80-81 (3d Cir. 1978) (footnote omitted).
discussed Cited "see" Teamsters Union Local 340 v. City of Augusta
Me. Super. Ct · 2012 · signal: see · confidence high
See United Steelworkers v. Canron, 580 F.2d 77, 80-81 (3d Cir. 1978); Rehmar v. Smith, 555 F.2d 1362 (9th Cir. 1977); United Food & Commercial Workers Int'l Union, ALF-CIO v. Alpha Beta Co., 4 736 F.2d 1371 (9th Cir. 1984).
discussed Cited "see, e.g." Independent Lift Truck Builders Union v. Hyster Co.
C.D. Ill. · 1992 · signal: see also · confidence low
See also United Steelworkers of America v. Canron, Inc., 580 F.2d 77 (3d Cir.1978). 4 *1371 Hyster cites Article I, section 1 of the Agreement, which states: “Hyster recognizes the Union as the sole collective bargaining agent for all production and maintenance employees at Vermilion County, Illinois____” (emphasis added).
Retrieving the full opinion text from the archive…
UNITED STEELWORKERS OF AMERICA, AFL-CIO
v.
CANRON, INC., Appellant, and Warren Pipe & Foundry Division
77-1722.
Court of Appeals for the Third Circuit.
Jun 26, 1978.
580 F.2d 77
Riker, Danzig, Scherer & Debevoise, Newark, N.J., Sullivan & Cromwell, New York City, for appellant; James S. Rothschild, Jr., Alexander P. Waugh, Jr., Newark, N.J., Ray L. LeFlore, New York City, of counsel., Rothbard, Harris & Oxfeld, Newark, N.J., Bredhoff, Gottesman, Cohen & Weinberg, Washington, D.C., for appellee; Emil Oxfeld, Doane Regan, Newark, N.J., George H. Cohen, Jeffrey L. Gibbs, Washington, D.C., of counsel.
Seitz, Rosenn, Garth.
Cited by 48 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: Second Circuit (1)

OPINION OF THE COURT

ROSENN, Circuit Judge.

The Supreme Court recently decided that an employer may be required to arbitrate a dispute over severance pay even though the dispute, governed by the arbitration article of .a collective bargaining agreement, arises after the contract’s expiration. Nolde Brothers v. Bakery & Confectionery Workers Union, 430 U.S. 243, 97 S.Ct. 1067, 51 L.Ed.2d 300 (1977). This case presents a converse situation. The principal issue presented on this appeal is whether an employer may be required to arbitrate a dispute over medical and health insurance premium payments for retirees pursuant to its existing collective bargaining agreement even though such retirees had not been employed by the employer, but by a predecessor company, and had retired before the employer had entered into a collective bargaining agreement with their union representative.

I.

On April 24, 1970, Canron, Inc., (“Canron”) acquired certain property and assets of Shahmoon Industries, Inc., (“Shah-moon”), now known as Shire National Corporation, which Shahmoon had used in its Warren Pipe & Foundry Division in Phillipsburg, New Jersey. Shahmoon was not dissolved but continues to exist as a separate, ongoing business enterprise with substantial assets and operations in other locations in New Jersey. At the time of the sale to Canron, Shahmoon was a party to an existing collective bargaining agreement with the United Steelworkers of America, AFL-CIO (“the union”) for Shahmoon’s Phillipsburg plant. The agreement, effective August 1, 1969, for a term of three years, required Shahmoon to provide certain health and life insurance coverage for employees of the Warren Pipe and Foundry Division who retired before Shahmoon terminated its Phillipsburg operation. [1]

[*79] Following the expiration of the 1969 collective bargaining agreement, Canron negotiated a three year labor contract with the union for employees at its recently acquired Phillipsburg plant effective August 1, 1972. This agreement was virtually identical to Shahmoon’s 1969 collective bargaining agreement for its Warren Foundry Division and the language of sections 15A-6 and 15(c) pertaining to health and life insurance coverage for retirees remained precisely the same. During the period between April 24, 1970, when Canron acquired Shahmoon’s assets and July 31, 1972, Canron honored the terms and provisions of Shahmoon’s unexpired 1969 labor agreement except for the health and life insurance obligations. [2] As to these, Shahmoon continued to pay the health and life insurance premiums for those employees who had retired before the sale to Canron until it gave written notice to its retirees on July 1,1974, that it would no longer continue to do so. Upon learning of this action, the union responded by letter dated July 24, 1974, demanding that Shah-moon comply with the 1969 labor agreement and gave notice that it intended to hold the company “liable for the payment of health and life insurance premiums for retirees under the August 1, 1969” labor contract. When the union ascertained that Shahmoon would not comply, it immediately made demand upon Canron to pay the premiums. Canron replied by telegram that it did not intend to underwrite the cost of the medical and life insurance benefits for Shahmoon’s retired employees “since these employees were never employees of Canron, Inc.” The union thereupon submitted a grievance to Canron requesting expedited arbitration of the dispute under section 8 of the existing collective bargaining agreement with Canron. [3]

Section 8 is a common type of grievance clause providing for adjustment of differences between the employer and the union as to the meaning and application of the provisions of the contract terminating with arbitration. By letter dated August 2, 1974, Canron rejected the union’s demand for arbitration because the grievance did not fall within the terms of the arbitration clause, the retirees never having been Canron’s employees. Canron suggested that the grievance be directed to Shahmoon. The union thereupon instituted an action against Canron under section 301 of the Labor Management Relations Act, 29 U.S.C. §; 185 (“LMRA”) in the United States District Court for the District of New Jersey to compel arbitration.

Each of the parties filed motions for summary judgment. The district court granted the plaintiff-union’s motion, denied the defendants’ motion and accordingly entered judgment in favor of the plaintiff. Defendant’s appeal followed. [4] We affirm the district court.

II.

The plaintiff’s theory in the district court and on this appeal is that the current collec[*80] tive bargaining agreement between the parties obligates the incumbent employer, Canron, to arbitrate the dispute. Judge Barlow, in an unreported letter opinion, correctly perceived the district court’s role to be limited to merely determining whether the issue was arbitrable. He concluded, citing our decision in Amalgamated Meat Cutter and Butcher Workmen v. Cross Brothers Meatpackers, 518 F.2d 1113 (3d Cir. 1975), that the dispute required an interpretation of the existing labor contract between the parties and therefore was arbitrable. [5]

On appeal, Canron levels a twofold attack at the district court’s decision. First, it argues that the district court lacked subject matter jurisdiction because section 301 of the Act clearly limits federal jurisdiction to suits for violations of contracts between an employer and a labor organization. Canron asserts that because it never employed the Shahmoon retirees, nor ever contracted to provide any benefits to them, they have no contractual rights to assert against Canron. Moreover, the arbitration provisions of the 1972 collective bargaining agreement are limited by its terms to the interpretation and application of the provisions of that agreement and could not properly, Canron avers, “be held to apply to claims on behalf of Shahmoon’s retirees.” Second, Canron contends that under Allied Chemical and Alkali Workers v. Pittsburgh Plate Glass Co., 404 U.S. 157, 92 S.Ct. 383, 30 L.Ed.2d 341 (1971), the union lacks standing to sue on behalf of Shahmoon’s retirees because a union is precluded from representing “any individual who has ceased to work without expectation of further employment.” Id. at 169, 92 S.Ct. at 392. We reject both of these contentions.

III.

We address first the company’s contention as to standing. In Allied Chemical, supra, the employer was charged with an unfair labor practice because it had unilaterally made a mid-term modification of benefits to its retired employees. The National Labor Relations Board concluded that retirement benefits of already retired employees was a mandatory subject of bargaining. The court of appeals disagreed, holding that “retirees are not ‘employees’ within the meaning of section 8(a)(5) and [so] the Company was under no constraint to collectively bargain improvements in their benefits with the Union.” Pittsburgh Plate Glass Co. & Chemical Division v. NLRB, 427 F.2d 936, 942 (6th Cir. 1970). The Supreme Court affirmed, holding that retirees were not “employees” and could not be included in the bargaining unit. Allied Chemical, supra, 404 U.S. at 170, 92 S.Ct. 383.

Allied Chemical, however, which merely determined whether a retiree was an “employee” for the purposes of section 2(3) of the NLRA, is inapposite in the instant case. The issue here is not whether the employer must bargain with the union over the benefits of the retired employees of Shahmoon, but whether Canron did in fact contractually commit itself to underwrite the premium costs for the health and life insurance benefits of the retirees. The union contends that the terms “retired employees” and “pension employee” as used in the current collective bargaining agreement with Canron applies to all employees of the Warren Pipe Division, including those who had already retired as of the date of sale of Shahmoon’s Phillipsburg plant to Canron. If Canron had contractually agreed in this 1972 labor contract to continue such premium payments for Shahmoon’s retirees, then under accepted contract principles the union has a legitimate interest in protecting the rights of the retirees and is entitled to seek enforcement of the applicable contract[*81] provisions. [6] Even though retirement benefits of former employees already retired are not a mandatory subject of collective bargaining, “it does not naturally follow, as the company implies, that a union loses all interest in the fate of its members once they retire.” Rosen v. Public Service Electric & Gas Co., 477 F.2d 90, 94 n. 8 (3d Cir. 1973). We therefore hold that the plaintiff-union has standing to represent the retirees in seeking arbitration under its labor contract with Canron.

We now turn to Canron’s contention that the grievance and arbitration provisions of its contract with the union cannot be applied to persons it never employed. In support of this proposition, Canron argues that it is apparent from the early steps of the grievance procedure of the contract that retirees are not covered and the procedure only applies to work-related disputes. [7] Inasmuch as arbitration is the terminal point of the grievance machinery, the company points out that arbitration is the quid pro quo for the union’s promise not to strike when differences arise as to the meaning and application of the collective bargaining agreement and perforce is necessarily limited to its current employees who have the ability to strike.

To the contrary, the union asserts countervailing arguments to support its theory that arbitration is required. When Shah-moon sold its plant to Canron, section 15 of the collective bargaining agreement then in force provided, as we have already indicated, that the company pay the health and life insurance premiums for retired employees. Canron commenced its operations at Phillipsburg immediately upon purchasing Shahmoon’s assets and hired substantially the existing work force. It is uncontested that from July 24, 1970, until it negotiated its own collective bargaining agreement with the union in August 1972, Canron honored the wages, benefits, and other terms of the contract, except for the insurance benefits. Yet, when Canron negotiated a new agreement effective August 1, 1972, it made no substantive changes in section 15 relating to the health and life insurance coverage for retirees. Moreover, the definition of retired or pensioned employees remained unchanged. Nevertheless, Shah-moon continued to pay the insurance premiums for the medical and health insurance of its retired employees as required by section 15 until July 1, 1974, when it notified the retirees that it would no longer pay the premiums. Inasmuch as Canron continued to honor the terms of the 1969 agreement, except for the insurance premiums, and later negotiated its own collective bargaining agreement incorporating identical terms for premium payments for retirees, it cannot be positively stated that the proposed arbitration is not susceptible to an interpretation under the contract which covers the dispute.

The district court stated that it was not made aware of any language in the agreement which “specifically excludes arbitration of the instant dispute” as there was in Howard Johnson, Inc. v. Hotel Employees, 417 U.S. 249, 94 S.Ct. 2236, 41 L.Ed.2d 46 (1974), cited by Canron. We have found none either. The duty to arbi[*82] trate springs only from the collective bargaining agreement and we look to the contract to ascertain whether the dispute over the retirees’ insurance benefits is arguably covered by the contract. In this connection, we must heed the Supreme Court’s admonition in the landmark trilogy cases on labor arbitration that

[a]n order to arbitrate a particular grievance should not be denied unless it may be said with positive assurance that the arbitration is not susceptible to an interpretation that covers the asserted dispute. Doubts should be resolved in favor of coverage.

United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582-83, 80 S.Ct. 1347, 1353, 4 L.Ed.2d 1409 (1960). The instant dispute involves the interpretation and application of section 15 of the 1972 bargaining agreement. The parties reasonably differ as to its meaning. The company’s argument that the grievance and arbitration procedure is limited only to active employees, although plausible, [8] is not sufficient in the circumstances before us and in light of other references in the 1972 labor contract to prior service [9] to meet Canron’s burden that the arbitration clause is not susceptible of an interpretation that covers this dispute. Id.

[T]he requirement of arbitration is not necessarily limited to grievances “arising in the plant” ... at least not to the extent that it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.

Pottery Workers v. Celotex Corporation, 84 L.R.R.M. 3007 (C.D.D.C.1973).

In determining the very limited issue before us — the arbitrability of the dispute — the “bottom line” is not calculated by the status of the grievants but by the nature and duties of the obligations of the parties under the contract. We hold, without in any way deciding the merits of the underlying differences between the parties that arbitration of this dispute may be compelled, under section 301 of the Act, regarding the payment of premiums for medical and health insurance coverage of retired employees.

The judgment of the district court will be affirmed.

1

. Section 15A-6 of Shahmoon’s 1969 Agreement provided:

The Corporation [Shahmoon] agrees to provide Blue Cross and Blue Shield coverage for retired employees and all eligible dependents.

Section 15C of Shahmoon’s 1969 Agreement provided:

[*79] The Corporation [Shahmoon] agrees to provide life insurance coverage ... in the amount of Two Thousand Dollars ($2,000) for each pensioned employee, such insurance to be effective at the expiration of the thirty (30) working-day probationary period.
2

. Section 21 of the 1969 labor contract provided:

It is hereby agreed that the terms and provisions of this Agreement shall be binding upon the successors or assigns of the respective parties hereto.
3

. Section 8 provides for the adjustment of differences “between the company and the union or its members employed by the company as to the meaning and application of the provision” of the agreement and sets up a grievance procedure which terminates in step 5. Step 5 provides for arbitration by an impartial umpire appointed by the American Arbitration Association in accordance with its rules.

4

. This court has jurisdiction of this appeal under 28 U.S.C. § 1291, as an appeal from a final order of the district court. An order directing arbitration in a suit brought under section 301(a) of the LMRA has been held appealable as a final order when it is not merely a step in the judicial enforcement of a claim, nor auxiliary to the principal proceedings. Goodall-Sanford v. Textile Workers, 353 U.S. 550, 551-52, 77 S.Ct. 920, 1 L.Ed.2d 1031 (1957); Gavlick Construction Co. v. H. F. Campbell Co., 526 F.2d 777, 782 (3d Cir. 1975).

5

. The theory of the plaintiff is dissimilar from the theory of the union in Howard Johnson Co., Inc. v. Detroit Local Joint Executive Board, Hotel and Restaurant Employees and Bartenders International Union, 417 U.S. 249, 94 S.Ct. 2236, 41 L.Ed.2d 46 (1974), cited by Canron. In Howard Johnson, the union was attempting to enforce arbitration under a pre-existing collective bargaining agreement to compel Howard Johnson to employ all of the former employees of the predecessor employer.

6

. The Supreme Court made an interesting observation in Allied Chemical, supra, which bears on the issues here:

Since retirees are not members of the bargaining unit, the bargaining agent is under no duty to represent them with the employer. This does not mean that when a union bargains for retirees — which nothing in this opinion precludes if the employer agrees — the retirees are without protection. Under established contract principles, vested retirement rights may not be altered without the pensioners’ consent.

404 U.S. 181, n. 20, 92 S.Ct. at 399.

7

. The grievance procedure involves an “aggrieved employee” and commences with a step 1 discussion between the aggrieved employee, the shop steward, and the foreman of the department involved. If a satisfactory settlement is not achieved, the grievance committee and the aggrieved employee then move on to step 2 and meet with the foreman and superintendent of the department; if a satisfactory settlement is not reached at step 2, then step 3 provides for the submission of a written grievance to the plant superintendent. Step 4 provides for discussion of the grievance between the grievance committee, the aggrieved employee and representatives of the international union and of the company; step 5 finally provides for submission of the grievance to arbitration.

8

. The employees in the bargaining unit were hired by Canron for the first time on or about April 25, 1972. An immediate question then arises as to the purpose to be served in retaining the insurance provisions contained in section 15 of the 1969 agreement when Canron obviously had none of its own retirees then, or retirees who could be anticipated during the term of that contract.

9

. For example, section 15(D) of Canron’s 1972 labor contract refers to an agreement effective August 1, 1966, “to establish a pension plan in the next year or two . . Section 1 of the pension plan attached to the labor contract refers to retirement on or after August 1, 1963, a point in time long before Canron acquired Shahmoon’s Phillipsburg plant. Section 1(1) provides: “Any employee who, at the time of his retirement on or after August 1, 1963, shall have had at least 15 years continuous service and shall have attained the age of 65 years, shall be entitled to receive a pension upon his retirement.”