Buffalo Forge Co. v. United Steelworkers

428 U.S. 397, 96 S. Ct. 3141, 49 L. Ed. 2d 1022, 1976 U.S. LEXIS 110, 92 L.R.R.M. (BNA) 3032
Supreme Court of the United States·Decided July 6, 1976·No. 75-339·Published·Cited by 367 cases

Opinions

[399] Mr. Justice White

delivered the opinion of the Court.

The issue for decision is whether a federal court may enjoin a sympathy strike pending the arbitrator’s decision as to whether the strike is forbidden by the express no-strike clause contained in the collective-bargaining contract to which the striking union is a party.

I

The Buffalo Forge Co. (employer) operates three separate plant and office facilities in the Buffalo, N. Y., area. For some years production and maintenance (P&M) employees at the three locations have been represented by the United Steelworkers of America, AFL-CIO, and its Local Unions No. 1874 and No. 3732 (hereafter sometimes collectively the Union). The United Steelworkers is a party to the two separate collective-bargaining agreements between the locals and the employer. The contracts contain identical no-strike clauses,1 as well as grievance and arbitration provisions [400] for settling disputes over the interpretation and application of each contract. The latter provide:

“26. Should differences arise between the [employer] and any employee covered by this Agreement as to the meaning and application of the provisions of this Agreement, or should any trouble of any kind arise in the plant, there shall be no suspension of work on account of such differences, but an earnest effort shall be made to settle such differences immediately [under the six-step grievance and arbitration procedure provided in sections 27 through 32].” 2

Shortly before this dispute arose, the United Steelworkers and two other locals not parties to this litigation were certified to represent the employer’s “office clerical-technical” (O&T) employees at the same three locations. On November 16, 1974, after several months of negotiations looking toward their first collective-bargaining agreement, the O&T employees struck and established picket lines at all three locations. On November 18, P&M employees at one plant refused to cross the O&T picket line for the day. Two days later, the employer learned that the P&M employees planned to stop work at all three plants the next morning. In telegrams to the Union, the employer stated its position that a strike by the P&M employees would violate the no-strike clause and offered to arbitrate any dispute [401] which had led to the planned strike.3 The next day, at the Union’s direction, the P&M employees honored the O&T picket line and stopped work at the three plants. They did not return to work until December 16, the first regular working day after the District Court denied the employer’s prayer for a preliminary injunction.

The employer’s complaint under § 301 (a) of the Labor Management Relations Act, 1947,4 filed in District Court on November 26, claimed the work stoppage was in violation of the no-strike clause. Contending in the alternative that the work strike was caused by a specific incident involving P&M truck drivers’ refusal to follow a supervisor’s instructions to cross the O&T picket line, and that the question whether the P&M employees’ work stoppage violated the no-strike clause was itself arbitrable, the employer requested damages, a temporary restraining order and a preliminary injunction against the strike, and an order compelling the parties to- submit [402] any “underlying dispute” to the contractual grievance and arbitration procedures. The Union's position was that the work stoppage did not violate the no-strike clause.5 It offered to submit that question to arbitration “on one day’s notice,” 6 but opposed the prayer for injunctive relief.

After denying the temporary restraining order and finding that the P&M work stoppage was not the result of the specific refusal to cross the O&T picket line, the District Court concluded that the P&M employees were engaged in a sympathy action in support of the striking O&T employees. The District Court then held itself forbidden to issue an injunction by § 4 of the Norris-LaGuardia Act7 because the P&M employees’ strike [403] was not oyer an “arbitrable grievance” and hence was not within the “narrow” exception to the Norris-La-Guardia Act established in Boys Markets v. Retail Clerks Union, 398 U. S. 235 (1970). 386 F. Supp. 405 (WDNY 1974).

On the employer’s appeal from the denial of a preliminary injunction, 28 U. S. C. § 1292 (a)(1), the parties stipulated that the District Court’s findings of fact were correct, that the Union had authorized and directed the P&M employees’ work stoppage, that the O&T employees’ strike and picket line were bona fide, primary, and legal, and that the P&M employees’ work stoppage, though ended, might “be resumed at any time in the near future at the direction of the International Union, or otherwise.” 8

The Court of Appeals affirmed. It held that enjoin[404] ing this strike, which was not “over a grievance which the union has agreed to arbitrate,” was not permitted by the Boys Markets exception to the Norris-LaGuardia Act. 517 F. 2d 1207, 1210 (CA2 1975). Because the Courts of Appeals are divided on the question whether such a strike may be enjoined,9 we granted the employer’s petition for a writ of certiorari, 423 U. S. 911 (1975), and now affirm the judgment of the Court of Appeals.

II

Free access — add to your briefcase to read the full text and ask questions with AI

Buffalo Forge Co. v. United Steelworkers, 428 U.S. 397, 96 S. Ct. 3141, 49 L. Ed. 2d 1022, 1976 U.S. LEXIS 110, 92 L.R.R.M. (BNA) 3032 (1976).

428 U.S. 397 (Buffalo Forge Co. v. United Steelworkers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Dalton v. Santander Consumer USA, Inc.
2015 NMCA 030 (New Mexico Court of Appeals, 2015)
NYP Holdings, Inc. v. Newspaper & Mail Deliverers' Union
485 F. Supp. 2d 416 (S.D. New York, 2007)
American Postal Workers Union v. United States Postal Service
372 F. Supp. 2d 83 (District of Columbia, 2005)
Communications Workers of America v. Verizon Communications Inc.
255 F. Supp. 2d 479 (E.D. Pennsylvania, 2003)
INTERN. UNION v. Textron
919 F. Supp. 783 (M.D. Pennsylvania, 1996)