Whelan v. Colgan, 602 F.2d 1060 (2d Cir. 1979). · Go Syfert
Whelan v. Colgan, 602 F.2d 1060 (2d Cir. 1979). Cases Citing This Book View Copy Cite
54 citation events (30 in the last 25 years) across 23 distinct courts.
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) National Treasury Employees Union v. Vought
D.D.C. · 2025 · quote attribution · 1 verbatim quote · confidence high
the threatened termination of benefits such as medical coverage for workers and their families obviously raised the specter of irreparable injury.
cited Cited as authority (rule) Carr v. Becerra
D. Conn. · 2023 · confidence medium
Whelan v. Colgan, 602 F.2d 1060, 1061 (2d Cir. 1979).
discussed Cited as authority (rule) L.P. v. Blue Cross and Blue Shield of Minnesota
D. Minnesota · 2021 · confidence medium
Cal. Nov. 3, 2020) , in which a class had been certified, or Whelan v. Colgan, 602 F.2d 1060, 1061 (2d Cir. 1979), in which the plaintiff union represented all striking workers, for the proposition that the possibility that other insureds may be denied healthcare can establish a threat of irreparable harm, are not applicable here where only LP’s individual claim is at issue.
cited Cited as authority (rule) Vollmer v. Xerox Corporation
W.D.N.Y. · 2021 · confidence medium
Whelan, 602 F.2d at 1061.
discussed Cited as authority (rule) Strouchler v. Shah (2×) also: Cited "see"
S.D.N.Y. · 2012 · confidence medium
Accord Communications Workers of America v. NYNEX Corp., 898 F.2d 887, 891 (2d Cir.1990); Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979) ("the threatened termination of benefits such as medical coverage for workers and their families obviously raised the spectre of irreparable injury”). .
discussed Cited as authority (rule) Donohue v. Mangano
E.D.N.Y · 2012 · confidence medium
See Comm’ns Workers of Am., Disk One, AFL-CIO v. NYNEX Corp., 898 F.2d 887, 891 (2d Cir. 1990) (“In this circuit, the threat of termination of medical benefits to striking workers has been held to constitute irreparable harm.”); Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979) (“the threatened termination of benefits such as medical coverage for workers and their families obviously raised the spectre of irreparable injury.”).
discussed Cited as authority (rule) Donohue v. Paterson
N.D.N.Y. · 2010 · confidence medium
One, AFL-CIO v. NYNEX Corp., 898 F.2d 887, 891 (2d Cir.1990); Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979) (“threatened termination of benefits such as medical coverage for workers and their families obviously raised the spectre of irreparable injury.”).
cited Cited as authority (rule) LaMonica v. North of England Protecting & Indemnity Ass'n (In Re Probulk Inc.)
Bankr. S.D.N.Y. · 2009 · confidence medium
Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979); see also In re WorldCom, Inc. Securities Litigation, 354 F.Supp.2d 455, 469 (S.D.N.Y.2005).
discussed Cited as authority (rule) M.K.B. v. Eggleston
S.D.N.Y. · 2006 · confidence medium
One v. NYNEX Corp., 898 F.2d 887, 891 (2d Cir.1990) (“the threat of termination of medical benefits to striking workers has been held to consti *438 tute irreparable harm”); Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979) (“the threatened termination of benefits such as medical coverage for workers and their families obviously raised the spectre of irreparable injury”).
discussed Cited as authority (rule) Risteen v. Youth for Understanding, Inc.
D.D.C. · 2002 · confidence medium
See, e.g., Communications Workers of America, District 1, AFL-CIO v. NYNEX Corp., 898 F.2d 887, 891 (2d Cir.1990) (the threat of termination of medical benefits to striking workers constitutes irreparable harm); United Steelworkers of America v. Textron, Inc., 836 F.2d 6 , 8 & 9 (1st Cir.1987) (loss of insurance benefits to retired workers constitutes irreparable harm); Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979) ("the threatened termination of benefits such as medical coverage for workers and their families obviously raised the spectre of irreparable injury''); Cabral v. Olsten Corp.,…
cited Cited as authority (rule) Abreu v. Callahan
S.D.N.Y. · 1997 · confidence medium
E.g., State of New York v. Sullivan, 906 F.2d 910, 918 (2d Cir. 1990); Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979). 139 .
discussed Cited as authority (rule) Greenblatt v. Delta Plumbing & Heating Corp.
2d Cir. · 1995 · confidence medium
While we have found § 301 jurisdiction in a suit brought against defendants who are not themselves signatories to the contract but were instead the signatory’s trustees, see Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979), it is clear that at a minimum the defendant must have breached some duty created by a labor contract to be liable for a violation.
discussed Cited as authority (rule) William Greenblatt v. Delta Plumbing & Heating Corp.
2d Cir. · 1995 · confidence medium
While we have found Sec. 301 jurisdiction in a suit brought against defendants who are not themselves signatories to the contract but were instead the signatory's trustees, see Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979), it is clear that at a minimum the defendant must have breached some duty created by a labor contract to be liable for a violation.
cited Cited as authority (rule) Collins v. Aggreko, Inc.
D. Utah · 1995 · confidence medium
The court relied on Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979).
discussed Cited as authority (rule) Cabral v. Olsten Corp.
M.D. Fla. · 1994 · confidence medium
Fifteen years ago, the Second Circuit in Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979) determined that the threat of termination of medical benefits for workers “raised the spectre of irreparable injury.” More recently, in Communication Workers of America, District 1, AFL-CIO v. NYNEX Corp., 898 F.2d 887, 891 (2d Cir.1990), the Second Circuit again stated that a threat to striking workers to terminate medical coverage was irreparable harm.
cited Cited as authority (rule) Independent Lift Truck Builders Union v. Hyster Co.
C.D. Ill. · 1992 · confidence medium
Local 414 v. Food Marketing Corp., 124 L.R.R.M. 2608 , 1986 WL 15724 (N.D.Ind.1986); Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979).
discussed Cited as authority (rule) Local 217 Hotel & Restaurant Employees Union v. MHM, Inc.
D. Conn. · 1991 · confidence medium
As the Second Circuit held twelve years ago, “... the threatened termination of benefits such as medical coverage for workers and their families obviously raised the spectre of irreparable injury.” Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979).
discussed Cited as authority (rule) Communications Workers Of America, District One, Afl-Cio v. Nynex Corporation
2d Cir. · 1990 · confidence medium
In Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979), we stated that "the threatened termination of benefits such as medical coverage for workers and their families obviously raised the spectre of irreparable injury." In the present case, the district court found that the striking workers were exposed to the denial of medical coverage and that irreparable harm existed.
discussed Cited as authority (rule) Communications Workers, District One v. NYNEX Corp.
2d Cir. · 1990 · confidence medium
In Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979), we stated that “the threatened termination of benefits such as medical coverage for workers and their families obviously raised the spectre of irreparable injury.” In the present case, the district court found that the striking workers were exposed to the denial of medical coverage and that irreparable harm existed.
discussed Cited as authority (rule) International Union, United Automobile Workers v. Exide Corp.
E.D. Pa. · 1988 · confidence medium
See also Schultz v. Teledyne, Inc., 657 F.Supp. 289, 293 (W.D.Pa.1987) (“The termination of health insurance benefits, particularly to those on a fixed income [is a] sufficient threat of irreparable harm to warrant the issuance of an injunction.”); Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979) (“[T]hreatened termination of benefits such as medical coverage for workers and their families obviously raised the specter of irreparable injury.”): UAW v. White Farm Equipment Co., 119 L.R.R.M.
discussed Cited as authority (rule) United Steelworkers of America, Afl-Cio v. Textron, Inc.
1st Cir. · 1987 · confidence medium
Nov. 7,1985) (“a reduction in medical benefits ‘establishes the threat of irreparable harm’ because ‘the practical effect of the reductions could well be to preclude retirees from seeking needed medical treatment’ ”); United Steelworkers of America, AFL-CIO v. Fort Pitt Steel Casting, 598 F.2d 1273, 1280 (3d Cir.1979) (“surely the possibility that a worker would be denied adequate medical care as a result of having no insurance would constitute ‘substantial and irreparable injury’ ”); Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979) (“the threatened termination of bene…
discussed Cited as authority (rule) Kay Apponi, Class Action, Cross-Appellants v. Sunshine Biscuits, Inc., Cross-Appellee
6th Cir. · 1987 · confidence medium
Retail Clerks International Association, Local Union Nos. 128 and 633 v. Lion Dry Goods, Inc., 369 U.S. 17, 26-28 , 82 S.Ct. 541, 547-48 , 7 L.Ed.2d 503 (1962); Whelan v. Colgan, 602 F.2d 1060, 1061 (2d Cir.1979).
cited Cited as authority (rule) Petrazzulo v. Lowen
S.D.N.Y. · 1982 · signal: cf. · confidence medium
P. Hood & Sons, Inc., 596 F.2d 70, 72 (2d Cir. 1979); cf. Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir. 1979) (this standard applies with equal force to cases arising under the labor laws).
cited Cited as authority (rule) Rosen v. Hotel And Restaurant Employees & Bartenders Union Of Phila.
3rd Cir. · 1981 · confidence medium
Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir. 1979).
cited Cited as authority (rule) Rosen v. Hotel Employees Union
3rd Cir. · 1981 · confidence medium
Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir. 1979).
discussed Cited "see" Graphic Communications Conference-International Brotherhood of Teamsters Local 404M v. Bakersfield Californian
E.D. Cal. · 2008 · signal: see · confidence high
See Whelan v. Colgan, 602 F.2d 1060, 1062 (2nd Cir.1979) (“the threatened termination of benefits such as medical coverage for workers and their families obviously raised the spectre of irreparable injury”); United Steelworkers of America v. Ft.
discussed Cited "see" Building Service 32B-J Pension Fund v. Vanderveer Estates Holding, LLC.
S.D.N.Y. · 2000 · signal: see · confidence high
See Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979) (holding, in the context of striking workers, that “the threatened termination of medical coverage for workers and their families obviously raised the spectra of irreparable injury.”).
discussed Cited "see, e.g." Perry County, Indiana v. Keith D. Huck
Ind. · 2025 · signal: see, e.g. · confidence medium
See, e.g., Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir. 1979) (concluding a “threatened termination of benefits such as medical coverage for workers and their families obviously raised the spectre of irreparable injury”); Mamula v. Satralloy, Inc., 578 F.Supp. 563, 577 (S.D.
discussed Cited "see, e.g." Luxenberg v. Vermont Department of Disabilities Aging and Independent Living
D. Vt. · 2023 · signal: see also · confidence medium
A “loss of medical care, in contravention of federal law, constitutes irreparable injury.” Strouchler v. Shah, 891 F. Supp. 2d 504, 522 (S.D.N.Y. 2012); see also Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir. 1979) (finding that “the threatened termination of benefits such as medical coverage for workers and their families” during a strike 17 period “raised the spectre of irreparable injury”).
discussed Cited "see, e.g." International Ass'n of MacHinists & Aerospace Workers v. Trans World Airlines, Inc.
W.D. Mo. · 1985 · signal: see also · confidence medium
See also Whelan v. Colgan, 602 F.2d 1060, 1062 (2d Cir.1979) (loss of medical coverage during litigation “obviously raised the spectre of irreparable injury”); Local Lodge No. 1266, IAM v. Panoramic Corp., 668 F.2d 276, 286-7 (7th Cir.1981) (preliminary injunction against employee displacement by sale of business).
cited Cited "see, e.g." Trustees for the Alaska Hotel & Restaurant Employees Health & Welfare Fund & Pension Fund v. Hansen
Alaska · 1984 · signal: see, e.g. · confidence low
See e.g., Whelan v. Colgan, 602 F.2d 1060 (2d Cir.1979); Burke v. Ernest W.
cited Cited "see, e.g." Keeler v. Joy
E.D.N.Y · 1980 · signal: see also · confidence low
See also Whelan v. Colgan, 602 F.2d 1060 (2d Cir. 1979) and Ives Laboratories, Inc. v. Darby Drug Co., Inc., 601 F.2d 631 (2d Cir. 1979).
Retrieving the full opinion text from the archive…
Ca 79-2521 William Whelan, Victor Siegal, Joseph Ninevaggi, as Trustees of I. B. T. Local 584 Welfare Trust Fund
v.
Raymond Colgan, Charles R. Doherty and Herbert Whitehead, as Trustees of I. B. T. Local 584 Welfare Trust Fund
1169.
Court of Appeals for the Second Circuit.
Jun 27, 1979.
602 F.2d 1060
Cited by 17 opinions  |  Published

602 F.2d 1060

101 L.R.R.M. (BNA) 2839, 86 Lab.Cas. P 11,389

CA 79-2521 William WHELAN, Victor Siegal, Joseph Ninevaggi,
as Trustees of I. B. T. Local 584 Welfare Trust
Fund, Plaintiffs-Appellees,
v.
Raymond COLGAN, Charles R. Doherty and Herbert Whitehead, as
Trustees of I. B. T. Local 584 Welfare Trust Fund,
Defendants-Appellants.

No. 1169, Docket 79-7302.

United States Court of Appeals,
Second Circuit.

Argued May 24, 1979.
Decided June 27, 1979.

Leon J. Greenspan, White Plains, N. Y. (Joseph D. DeSalvo, Greenspan & Jaffe, White Plains, N. Y., of counsel), for defendants-appellants.

Edwin M. Mulholland, New York City (Driscoll, Mulholland & Delaney, New York City, of counsel), for plaintiffs-appellees.

Before LUMBARD, MANSFIELD and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

[*~1060]1

This is an appeal from a preliminary injunction entered by the District Court for the Southern District of New York (Hon. Lawrence W. Pierce, Judge), enjoining appellants, the three employer-designated trustees ("employer trustees") of the International Brotherhood of Teamsters Local 584 Welfare Trust Fund, during the pendency of the action, from "interfering in any way with payment of welfare benefits . . . to the striking members of the Union and their dependents. . . ." The employer trustees had "blocked payment" of various medical and welfare benefits by the Fund to Local 584 employees who went out on strike on February 24, 1979. The three Union-designated trustees ("employee trustees") of the Welfare Fund thereupon commenced this suit, seeking specific performance of the arbitration provision of the Trust Agreement to decide the question of continued payments; the employee trustees also requested injunctive relief to preserve the status quo pending resolution of the dispute.[1] The strike ended on May 2, of this year.

2

We are met, at the outset, with the contention that this appeal became moot when the strike ended, since the preliminary injunction below only commands that benefits be paid to "Striking members of the Union and their dependents (emphasis added)." See Washington Metro A. Transit Auth. v. Amalgamated Transit Union, 174 U.S.App.D.C. 285, 288, 531 F.2d 617, 620 (1976). Communications from the parties, furnished at our request, indicate, however, that the injunction and the controversy retain vitality because the Fund is still obliged to pay reimbursements for medical expenditures made by the beneficiaries during the period of the strike. Cf. Rochester Tel. Corp. v. Communications Workers of America, 456 F.2d 1057 (2d Cir. 1972) (per curiam). We must, therefore, consider the merits.

3

Appellants attack the preliminary injunction on these grounds: (1) that it was beyond the jurisdiction of the District Court; (2) that the employee trustees lacked standing to seek injunctive relief; and (3) that it was improvidently granted. We reject these contentions.

4

The District Court properly took jurisdiction under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, because the employee trustees' claim for relief was founded upon their interpretation of the Welfare Fund Trust Agreement between the Union and the employers. Section 301 jurisdiction is not limited to collective bargaining agreements, but includes agreements "significant to the maintenance of labor peace . . . ." Retail Clerks Int'l Ass'n, Local Nos. 128 and 633 v. Lion Dry Goods, Inc., 369 U.S. 17, 28, 82 S.Ct. 541, 7 L.Ed.2d 503 (1962); See Allied Chemical & Alkali Workers of America, Local No. 1 v. Pittsburgh Plate Glass Co., 404 U.S. 157, 181 n. 20, 92 S.Ct. 383, 30 L.Ed.2d 341 (1971) (dictum); Crawford v. Cianciulli, 357 F.Supp. 357, 366-67 (E.D.Pa.1973); Cf. Nedd v. United Mine Workers of America, 556 F.2d 190, 197-98 (3d Cir. 1977), Cert. denied, 434 U.S. 1013, 98 S.Ct. 727, 54 L.Ed.2d 757 (1978).

[*~1061]5

Alvares v. Erickson, 514 F.2d 156, 161 (9th Cir.), Cert. denied, 423 U.S. 874, 96 S.Ct. 143, 46 L.Ed.2d 106 (1975) and AFL v. Western Union Telegraph Co., 179 F.2d 535, 538 (6th Cir. 1950), cited by appellants, hold that linked trust and collective bargaining agreements are "contracts" under § 301; they do not hold, however, that a trust agreement must always be inseparable from a bargaining agreement to fall within the ambit of § 301. The surviving Trust Agreement here is sufficient for jurisdiction under § 301.

6

The employee trustees may maintain this action under § 301 against the employer trustees for contract violations. Crawford v. Cianciulli, supra, at 366-67; Raymond v. Hoffman, 284 F.Supp. 596, 599-600 (E.D.Pa.1966) (alternate holding); See Lewis v. Benedict Coal Corp., 361 U.S. 459, 80 S.Ct. 489, 4 L.Ed.2d 442 (1960) (by implication) (suit by trustees for royalties under bargaining agreement); Nedd v. United Mine Workers of America, supra, at 197-98; Alvares v. Erickson, supra, at 162-64; Cf. Allied Chemical Workers of America, Local No. 1 v. Pittsburgh Plate Glass Co., supra, 404 U.S. at 181 n. 20, 92 S.Ct. 383 (dictum); Smith v. Evening News Ass'n, 371 U.S. 195, 199-201, 83 S.Ct. 267, 9 L.Ed.2d 246 (1962).[2]

[*~1062]7

Finally, the District Judge did not err in granting the preliminary injunction here. Judge Pierce based his order on the conclusion that termination of benefits during the strike period would irreparably harm the employees and that the employee trustees were likely to prevail on the merits of their action. See Triebwasser & Katz v. American Tel. & Tel. Co., 535 F.2d 1356, 1358-59 (2d Cir. 1976); Sonesta Int'l Hotels Corp. v. Wellington Associates, 483 F.2d 247, 250 (2d Cir. 1973). Appellants challenge the finding of irreparable harm. In fact, the threatened termination of benefits such as medical coverage for workers and their families obviously raised the spectre of irreparable injury. Under the branch of preliminary injunction analysis employed by Judge Pierce, it was unnecessary to balance that possible hardship against any hardship incurred by the Fund: even had such a balance been performed, we would not say that the District Judge's ruling was incorrect, or an abuse of discretion. Triebwasser & Katz, supra, at 1358.

[*~1061]8

Affirmed.

1

Before the District Court held its hearing on the preliminary injunction, the trustees actually commenced arbitration. The employee trustees continued to demand injunctive relief to make certain that payments continued until the outcome of arbitration. So far as we are informed, arbitration is still proceeding

2

We emphasize that our holding is limited to this action to compel arbitration under the contract. Since no reliance was placed on § 302(c)(5) of the Labor Management Relations Act, 29 U.S.C. § 186(c)(5), we do not consider it as a jurisdictional foundation here, nor do we determine when § 301 is applicable, if at all, to a situation covered by § 302