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Keywords

arbitrationinjunctionappeal

Related Cases

Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235, 90 S.Ct. 1583, 26 L.Ed.2d 199, 74 L.R.R.M. (BNA) 2257

Facts

In February 1969, a dispute arose between the petitioner and the union over the rearrangement of merchandise in a supermarket. When the employer refused the union's demand to strip and restock the frozen food cases with union personnel, a strike was called. The employer sought to invoke the grievance and arbitration procedures outlined in their collective-bargaining agreement, but the strike continued, prompting the employer to file for an injunction in state court, which was later removed to federal court.

In February 1969, a dispute arose between the petitioner and the union over the rearrangement of merchandise in a supermarket.

Issue

Did the Norris-LaGuardia Act prohibit the issuance of an injunction against a strike that violated a no-strike provision in a collective-bargaining agreement?

Rule

The Supreme Court ruled that the Norris-LaGuardia Act does not bar injunctions in cases where the grievance is subject to arbitration under a collective-bargaining agreement and where the employer is ready to proceed with arbitration.

Analysis

The Court determined that the grievance in question was indeed subject to arbitration and that the employer was prepared to arbitrate at the time the injunction was sought. The Court emphasized that the employer would suffer irreparable harm due to the union's violation of the no-strike provision, thus justifying the issuance of the injunction despite the Norris-LaGuardia Act's general prohibition against such relief.

The Court determined that the grievance in question was indeed subject to arbitration and that the employer was prepared to arbitrate at the time the injunction was sought.

Conclusion

The Supreme Court reversed the Court of Appeals' decision and remanded the case, affirming the District Court's order for an injunction against the strike.

Who won?

The employer prevailed in the case because the Supreme Court found that the injunction was justified under the circumstances, as the grievance was arbitrable and the employer faced irreparable harm.

The employer prevailed in the case because the Supreme Court found that the injunction was justified under the circumstances.

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