SYMPATHY STRIKES‐REFUSAL TO ENJOIN BUFFALO FORGE CO. v. UNITED STEELWORKERS OF AMERICA, 428 U.S. 397 (1976).

• Author: Gola E. Waters
• Published date: 01 September 1978
• Date: 01 September 1978
• DOI: http://doi.org/10.1111/j.1744-1714.1977.tb01440.x

CASE

NOTES

SYMPATHY STRIKES-REFUSAL TO

ENJOIN

BUFFALO

FORGE

CO.

u.

UNITED

STEELWORKERS

OF

AMERICA,

428

U.S.

397 (1976).

The question whether a sympathy strike may be enjoined under

section 301(a) of the Labor-Management Relations Act,’ without

an arbitrator’s ruling that the strike

is

within the scope of the no-

strike clause in the labor agreement, was recently considered by

the Supreme Court.

In

a

5-4

decision, the Court upheld the dis-

trict2 and appellate3 courts’ refusals to issue the injunction. Be-

cause the strike had not been determined to be an “arbitrable”

grievance, the Court was able to cite the prohibition against such

issuance under section

4

of the Norris-La Guardia Act.4 The strike

thus did not fall within the narrow exception of

Boys

Markets,

Inc.

u.

Retail

Clerks

Union Local

770.5

In that case the Court held

no injunctive relief could issue unless

(1)

there was a collective

bargaining agreement in effect between the parties,

(2)

the con-

tract contained

a

mandatory. arbitration procedure, and

(3)

the

dispute that was the subject

of

the strike or concerted activity

was within the mandatory arbitration provision.

Following a breakdown in negotiations, the employer’s office

and technical employees

(O&T)

established a picket line, which

was then honored by the production and maintenance

(P&M)

employees. Both unions were represented by the Steelworkers.

Only the O&T contract, however, was being negotiated. The

I

29 U.S.C.

§

185(a) (1970). Section 301(a) provides:

Suits for violation

of

contracts between an employer and a labor organization

representing employees in an industry affecting commerce as defined in this

chapter,

or

between any such labor organizations, may be brought in any district

court

of

the United States having jurisdiction

of

the parties, without respect to

the amount in controversy

or

without regard to the citizenship

of

the parties.

Buffalo Forge Co. v. United Steelworkers

of

America,

386

F. Supp. 405

(W.D.N.Y.

1974).

:I

517 F.2d 1207 (2d Cir. 1975).

’

29

U.S.C.

5

104 (1970).

398

US.

235

(1970).