Swartz & Funston, Inc. v. Bricklayers International Union
This text of 319 F.2d 116 (Swartz & Funston, Inc. v. Bricklayers International Union) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This appeal has been taken from an order dismissing an employer’s complaint seeking damages from a labor union because of certain allegedly unlawful work stoppages. In dismissing the complaint, the district court ruled that the subject matter of the complaint was arbitrable under a collective bargaining agreement of the parties.
We agree that the matter in controversy should first be submitted to arbitration. However, we cannot now determine whether any judicial action on this claim will he appropriate after the arbitrators shall have acted upon the controversy in the light of the submissions of the parties and their own interpretation of the collective bargaining agreement.
Accordingly, we shall direct that the order dismissing the complaint be vacated and that action upon the complaint be stayed pending arbitration. Neither party shall be awarded costs as against the other on this appeal.
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Cite This Page — Counsel Stack
319 F.2d 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swartz-funston-inc-v-bricklayers-international-union-ca3-1963.