United States Steel Corporation v. United Mine Workers of America

534 F.2d 1063, 91 L.R.R.M. (BNA) 3031, 1976 U.S. App. LEXIS 11238
CourtCourt of Appeals for the Third Circuit
DecidedMay 20, 1976
Docket75-1504, 75-1509
StatusPublished
Cited by47 cases

This text of 534 F.2d 1063 (United States Steel Corporation v. United Mine Workers of America) 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.

Bluebook
United States Steel Corporation v. United Mine Workers of America, 534 F.2d 1063, 91 L.R.R.M. (BNA) 3031, 1976 U.S. App. LEXIS 11238 (3d Cir. 1976).

Opinions

OPINION OF THE COURT

GIBBONS, Circuit Judge.

These are appeals from an order granting a Boys Markets1 preliminary injunction prospectively enforcing an implied no-strike undertaking in the National Bituminous Coal Wage Agreement which became effective December 5, 1974. A single injunction2 was issued as follows:

It is, therefore, ordered, adjudged and decreed:
1. That a Preliminary Injunction is hereby issued enjoining the defendants, United Mine Workers of America, District 5, United Mine Workers of America, and Local 1248, United Mine Workers of America, their officers, representatives, members, and all persons acting in concert with them, or in their behalf, during the pendency of this preliminary injunction and until final determination from
(a) Engaging in a strike or work stoppage at the plaintiff’s Maple Creek Mine located in Washington County, Pennsylvania; or
(b) Picketing or in any other manner interfering with operations at the plaintiff’s Maple Creek Mine located in Washington County, Pennsylvania, because of any difference concerning the meaning and application of the provisions of the Agreement or any difference about matters not specifically mentioned in the Agreement or because of any local trouble of any kind arising at the mine.
2. It is further ordered that the defendants, their officers, representatives and members are hereby directed to utilize the Settlement of Disputes procedure of the 1974 Bituminous Coal Wage Agreement for the resolution of the following disputes:
(a) The dispute as to whether the plaintiff is required to furnish security guards from dusk to dawn at the employee parking lots at the Maple Creek Mine;
(b) The dispute as to whether the employees at the Maple Creek Preparation Plant have the right to refuse to work with Richard Beranek, a bargaining unit employee, because .he worked on December 17 and 18, 1974, during an illegal work stoppage at the Maple Creek Mine; and
(c) The seniority dispute involving the filling of a temporary vacancy at Maple Creek Mine # 1 in the job of slate motorman, including arbitration, if necessary.
3. It is further ordered that during the pendency of this preliminary injunction and pending final determination, the defendants, their officers, representatives and members utilize the Settlement of Disputes procedure for the resolution of any further “. . . differences . between the Mine Workers and the Employer as to the meaning and application of the provisions of said agreement [1067]*1067. ” and “. . . differences . about matters specifically mentioned in said agreement . . . ” and . . any local trouble of any kind arising at the mine . including if necessary, final and binding arbitration.
4. It is further ordered that the defendants’ officers, and representatives, pending final determination of this case, take all action which may be necessary to assure compliance with the terms of the 1974 Bituminous Coal Wage Agreement, during pendency of this preliminary injunction.

United States Steel Corp. v. United Mine Workers of America, 393 F.Supp. 936, 941 (W.D.Pa.1975). The specific references in subparagraphs (a), (b) and (c) of paragraph 2 of the injunction order are to three specific disputes which resulted in work stoppages. Paragraphs 1, 3 and 4 of the injunction, however, go far beyond a prohibition of strikes over those three specific disputes. They amount to a general prohibition against a strike over any dispute falling within the Settlement of Disputes provisions of the 1974 agreement. The defendants, United Mine Workers of America (UMW), District No. 5, United Mine Workers of America (District 5), and Local Union No. 1248, United Mine Workers of America (the Local) urge on appeal (1) that neither the specific disputes which resulted in work stoppages nor the broad range of disputes which would fall within the terms of the injunction are arbitrable under the 1974 agreement, and thus no Boys Markets injunction was proper; (2) that the work stoppages were wildcat strikes of which the Local, District 5, and the UMW disapproved, and for which they should not be subjected to an injunction; (3) that the prospective injunction is both overbroad, going beyond the relief permitted by Boys Markets and § 9 of the Norris-LaGuardia Act, 29 U.S.C. § 109, and so vague as to be inconsistent with Rule 65(d) Fed.R.Civ.P; (4) that the injunction which relegates the union defendants to grievance-arbitration remedies until the further order of the court does not impose a correlative obligation upon the employer; and (5) that the plaintiff has not shown the likelihood of irreparable injury pending final hearing. We conclude that the district court could properly have issued a Boys Markets injunction enforcing the grievance-arbitration provisions of the 1974 agreement, but that the injunction issued in this case must be vacated.

I. Facts and Proceedings in the District Court

At its Maple Creek complex in' Washington County, Pennsylvania, the plaintiff United States Steel Corporation operates two large underground mines and a coal preparation plant. For many years the production and maintenance workers employed at Maple Creek have been represented in collective bargaining by the UMW, District 5, and the Local. On December 5, 1974 the National Bituminous Coal Wage Agreement of 1974 became operative. Both prior to that date and thereafter there had been a series of work stoppages3 at Maple Creek which resulted in suits by United States Steel Corporation under § 301 of the Labor Management Relations Act of 1947,4 for injunctive relief. The three work stoppages which resulted in the order appealed from occurred between February 12, 1975 and February 25, 1975.

The first of these work stoppages commenced early on February 12, 1975 when Thomas Cunningham, Chairman of the Local’s grievance committee, spoke to the mine foreman at Maple Creek Mine No. 2 about the theft of an employee’s truck from the mine parking lot the previous evening. Cunningham explained that the men were upset about the stolen truck and wanted a permanent security guard posted in the parking lot. The foreman reported that there would be no increased security. At [1068]*1068that point the Mine No. 2 midnight shift walked out. At Mine No. 1 Martin Connors, Treasurer of the Local, also asked the foreman for that mine about a permanent security guard in the parking lot. He was told of the company’s position. When he informed the men who worked the midnight shift in Mine No. 1 of the company’s position they, too, walked out. That same day United States Steel brought suit against the three defendants under § 301. The district court issued a temporary restraining order which was served on the Local on February 13. Meanwhile, on the evening of February 12, the officers of the Local met with the membership and ordered the miners back to work. The members were also advised that both District 5 and the UMW ordered them to return to work. These orders were of no avail. A similar meeting on the night of February 13 was also fruitless.

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Bluebook (online)
534 F.2d 1063, 91 L.R.R.M. (BNA) 3031, 1976 U.S. App. LEXIS 11238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-steel-corporation-v-united-mine-workers-of-america-ca3-1976.