United States Steel Corp. v. United Mine Workers

Fifth Circuit

United States Steel Corp. v. United Mine Workers

526 F.2d 376, 91 L.R.R.M. (BNA) 2306, 1976 U.S. App. LEXIS 13150

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 26, 1976

DocketNo. 74-2610

StatusPublished

Cited by7 cases

This text of 526 F.2d 376 (United States Steel Corp. v. United Mine Workers) 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.

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United States Steel Corp. v. United Mine Workers, 526 F.2d 376, 91 L.R.R.M. (BNA) 2306, 1976 U.S. App. LEXIS 13150 (5th Cir. 1976).

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Opinion

PER CURIAM:

In this Circuit “an injunction [against a strike] is permissible only if the underlying dispute ‘over’ which the strike [is] called is arbitrable”. Amstar v. Amalgamated Meat Cutters, 5 Cir. 1972, 468 F.2d 1372. The petition for rehearing is denied without prejudice to the petitioner to renew its petition for rehearing, should the United States Supreme Court hold that the existence of a strike is itself an arbitrable issue. See Buffalo Forge Co. v. United Steelworkers of America, 2 Cir. 1975, 517 F.2d 1207, cert. granted, 423 U.S. 911, 96 S.Ct. 214, 46 L.Ed.2d 139 (Oct. 20, 1975).

The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.

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PER CURIAM:

In this Circuit “an injunction [against a strike] is permissible only if the underlying dispute ‘over’ which the strike [is] called is arbitrable”. Amstar v. Amalgamated Meat Cutters, 5 Cir. 1972, 468 F.2d 1372. The petition for rehearing is denied without prejudice to the petitioner to renew its petition for rehearing, should the United States Supreme Court hold that the existence of a strike is itself an arbitrable issue. See Buffalo Forge Co. v. United Steelworkers of America, 2 Cir. 1975, 517 F.2d 1207, cert. granted, 423 U.S. 911, 96 S.Ct. 214, 46 L.Ed.2d 139 (Oct. 20, 1975).

The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.

New Orleans Steamship Association, a Corporation, and Ttt Stevedores of Louisiana, Inc., a Corporation v. General Longshore Workers, Ila Local Union No. 1418, Etc., Jacksonville Bulk Terminals, Inc., Hooker Chemical Corporation and Occidential Petroleum Company v. International Longshoremen's Association, Local Union 1408, International Longshoremen's Association

626 F.2d 455 (Fifth Circuit, 1980)

New Orleans Steamship Ass'n v. General Longshore Workers, ILA Local Union No. 1418

626 F.2d 455 (Fifth Circuit, 1980)

15 Fair empl.prac.cas. 1342, 15 Empl. Prac. Dec. P 7864 Hollie Cotton and Young Herrod, Individually and on Behalf of All Others Similarly Situated v. Ravon Hinton and Chauncey L. Gardner v. United States Pipe & Foundry Company Coke By-Products Plant

559 F.2d 1326 (Fifth Circuit, 1977)

Cotton v. Hinton

559 F.2d 1326 (Fifth Circuit, 1977)

Buffalo Forge Co. v. United Steelworkers

428 U.S. 397 (Supreme Court, 1976)

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526 F.2d 376, 91 L.R.R.M. (BNA) 2306, 1976 U.S. App. LEXIS 13150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-steel-corp-v-united-mine-workers-ca5-1976.

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