International Union of Operating Engineers, Local No. 715, Afl-Cio v. Gulf Oil Corporation

Fifth Circuit

International Union of Operating Engineers, Local No. 715, Afl-Cio v. Gulf Oil Corporation

262 F.2d 80

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 27, 1959

Docket17408_1

StatusPublished

Cited by2 cases

This text of 262 F.2d 80 (International Union of Operating Engineers, Local No. 715, Afl-Cio v. Gulf Oil Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

International Union of Operating Engineers, Local No. 715, Afl-Cio v. Gulf Oil Corporation, 262 F.2d 80 (5th Cir. 1959).

Pincite

Opinion

PER CURIAM.

Alleging the existence of an agreement for arbitration, appellant, plaintiff below, brought this suit to compel arbitration of what was known to the parties as the Cantner grievance.

The district judge dismissed the suit on the motion of the defendant, that the court was without jurisdiction because the matters involved in the suit were within the exclusive jurisdiction of the National Labor Relations Board.

Appellant is here insisting that the judgment is contrary to the decision of this court in Lodge No. 12, District No. 37, International Association of Machinists v. Cameron Iron Works, Inc., 5 Cir., 257 F.2d 467, and the cases cited in notes thereto. Cf. Item Co. v. New Orleans Newspaper Guild, 5 Cir., 256 F.2d 855.

We agree that this is so. The judgment is therefore reversed and the cause is remanded for further and not inconsistent proceedings.

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