Boys Markets Exception

58 Florida cases classified under this topic · sorted by citation count · browse and sort

• Nat'l Ass'n OF Letter Carriers, AFL-CIO v. Sombrotto
  449 F.2d 915· 2d Cir.· 1971-09-28 ·cited 60×
  The court held that reversing a denial of preliminary injunctive relief in a labor dispute, especially after a supervening event like a national agreement, is an extraordinary and potentially inappropriate action for an appellate court.
• Napa Pittsburgh, Inc. v. Auto. Chauffeurs
  502 F.2d 321· 3d Cir.· 1974-08-08 ·cited 52×
  The court held that the determination of whether a picket line was primary, thus allowing employees to refuse to cross it under the collective bargaining agreement, was an arbitrable dispute, and a preliminary injunction was proper pending arbitration.
• NEW York Tel. Co. v. Commc'ns Workers OF Am., AFL-CIO
  445 F.2d 39· 2d Cir.· 1971-06-22 ·cited 43×
  The court should not interpret a consent order's scope without a hearing, even if its language appears unambiguous, when there's a dispute about the parties' intent.
• Island Creek Coal Co. v. United Mine Workers OF Am.
  507 F.2d 650· 3d Cir.· 1975-01-14 ·cited 40×
  The court held that a dispute over employees honoring stranger picket lines is arbitrable under the contract's broad settlement of disputes provisions, justifying a preliminary injunction.
• United Steelworkers OF Am., AFL-CIO v. Fort Pitt Steel Casting
  598 F.2d 1273· 3d Cir.· 1979-04-30 ·cited 38×
  The court held that the Boys Markets exception to the Norris-LaGuardia Act allowed injunctions to preserve the arbitral process, even against employers, and that continuing premium payments during plant wind-down was necessary to maintain the status quo for arbitration.
• Monongahela Power Co. v. Local NO. 2332 Int'l Bhd. OF Elec. Workers
  484 F.2d 1209· 4th Cir.· 1973-10-02 ·cited 38×
  The court held that the Boys Markets exception to the Norris-LaGuardia Act applies, allowing injunctive relief to enforce arbitration of a work stoppage that violates a no-strike clause in a collective bargaining agreement.
• Amalgamated Transit Union, Div. 1384 & the Amalgamated Council of Greyhound Divisions, AFL-CIO v. Greyhound Lines, Inc.
  550 F.2d 1237· 9th Cir.· 1977-04-01 ·cited 37×
  A preliminary injunction compelling an employer to maintain the status quo pending arbitration cannot be issued absent an express or implied promise by the employer to preserve the status quo.
• Local Lodge NO. 1266, Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO v. Panoramic Corp.
  668 F.2d 276· 7th Cir.· 1981-12-30 ·cited 34×
  A district court may grant a preliminary injunction to preserve the status quo pending arbitration if the sale of corporate assets would frustrate the arbitral process.
• Del. Coca-Cola Bottling Co., Inc. v. Gen. Teamster Local Union 326 & E. Conf. of Teamsters
  624 F.2d 1182· 3d Cir.· 1980-06-25 ·cited 34×
  The court held that the doctrine of coterminous application does not apply to express no-strike clauses, and that a sympathy strike in support of a primary unfair labor practice strike is not impermissible under certain circumstances.
• United States Steel Corp. v. United Mine Workers OF Am.
  598 F.2d 363· 5th Cir.· 1979-07-05 ·cited 30×
  The court held that a local union can be liable for damages from an unauthorized strike if it ratifies the strike through insufficient efforts to end it, but rejected a contempt sanction requiring the union to create a future notification plan as impermissible injunctive relief.
• Bituminous Coal Operators' Ass'n, Inc. v. Int'l Union
  585 F.2d 586· 3d Cir.· 1978-09-18 ·cited 28×
  The court held that while injunctive relief was properly denied due to the Norris-LaGuardia Act, the dismissal of the request for declaratory relief was erroneous, as such relief is available in labor disputes not subject to arbitration.
• S. Ohio Coal Co. v. United Mine Workers OF Am.
  551 F.2d 695· 6th Cir.· 1977-02-11 ·cited 28×
  The court held that a union's refusal to cross stranger picket lines is not an arbitrable dispute subject to injunction under Boys Markets, and that injunctions against district and international unions require more than mere notice.
• Bethlehem Mines Corp. v. United Mine Workers OF Am.
  476 F.2d 860· 3d Cir.· 1973-02-12 ·cited 28×
  A party cannot attack the validity of an underlying court order in a civil contempt proceeding if they failed to appeal or object to that order when it was issued.
• W. Gulf Mar. Ass'n v. ILA Deep SEA Local 24
  751 F.2d 721· 5th Cir.· 1985-01-07 ·cited 24×
  The court held that the district court abused its discretion by denying the union's motion to dismiss the Texas action, as a prior-filed action in New York presented the same core issues regarding the validity of an arbitration award.
• Truck Drivers Local Union NO. 807 v. The Bohack Corp.
  541 F.2d 312· 2d Cir.· 1976-08-09 ·cited 24×
  The court held that the district court lacked jurisdiction to issue an injunction against the union's picketing without ordering the employer to arbitrate, and that bankruptcy court approval is required for arbitration of disputes under a collective bargaining agreement.
• The Chief Freight Lines Co. v. Local Union NO. 886 & S. Area Conf. of Int'l Bhd. of Teamsters
  514 F.2d 572· 10th Cir.· 1975-04-08 ·cited 24×
  The court held that an injunction enforcing a no-strike provision while simultaneously staying arbitration is improper under the Boys Markets exception, as the employer's obligation to arbitrate is a condition for such an injunction.
• Associated Gen. Contractors OF Ill. v. Illinois Conference OF Teamsters
  486 F.2d 972· 7th Cir.· 1973-10-19 ·cited 24×
  The court held that the amount of an injunction bond under the Norris-LaGuardia Act limits recovery for erroneous issuance, and that the contract did not divest courts of jurisdiction to resolve wage disputes.
• United States Steel Corp. v. Nat'l Labor Relations Bd.
  711 F.2d 772· 7th Cir.· 1983-06-30 ·cited 20×
  A broad no-strike clause, independent of an arbitration clause and supported by evidence of the parties' intent to ensure uninterrupted operations for competitive reasons, constitutes a clear waiver of an employee's right to engage in a sympathy strike.
• Service v. Commercial Prop. Servs., Inc.
  755 F.2d 499· 6th Cir.· 1985-02-21 ·cited 17×
  A non-signatory to a collective bargaining agreement cannot be compelled to arbitrate unless it is found to be an alter ego of a signatory, a single employer, or the corporate veil can be pierced. Federal courts lack subject matter jurisdiction over non-signatories to collective
• Am. Postal Workers Union, AFL-CIO v. United States Postal Serv.
  766 F.2d 715· 2d Cir.· 1985-07-03 ·cited 16×
  The court held that while the district court had jurisdiction, it abused its discretion by issuing a preliminary injunction because the appellees failed to demonstrate irreparable harm or that the injunction was necessary to aid the arbitration process.
• Nat'l Labor Relations Bd. v. Keller-Crescent Co.
  538 F.2d 1291· 7th Cir.· 1976-08-02 ·cited 16×
  The court held that the dispute over the interpretation of the picket-line clause was arbitrable, and therefore the employees' refusal to cross the picket line was not protected activity under the Act.
• Aluminum Workers Int'l Union, AFL-CIO v. Consol. Aluminum Corp.
  696 F.2d 437· 6th Cir.· 1982-12-22 ·cited 15×
  The court held that the union failed to demonstrate irreparable harm necessary to justify an injunction against the employer's job reclassification, and that the order to arbitrate was unnecessary as the employer was willing to arbitrate.
• Sea-Land Serv., Inc. v. Int'l Longshoremen's Ass'n OF NEW York
  625 F.2d 38· 5th Cir.· 1980-08-27 ·cited 14×
  A Boys Markets injunction may continue pending judicial enforcement of an arbitral award, but it cannot extend to await the outcome of parallel NLRB proceedings.
• Nat'l Rejectors Indus. v. United Steelworkers OF Am.
  562 F.2d 1069· 8th Cir.· 1977-08-30 ·cited 14×
  The dissent argues that the majority erred in authorizing injunctive relief, as the dispute was procedural and not directly related to an arbitrable issue, and the employer failed to demonstrate irreparable harm.
• Plain Dealer Publ'g Co. v. Cleveland Typographical Union # 53
  520 F.2d 1220· 6th Cir.· 1975-08-15 ·cited 14×
  The court held that the exception to the Norris-LaGuardia Act's anti-injunction provision, as established in Boys Markets, does not permit an injunction against unions engaged in a work stoppage out of deference to another union's lawful picket line, especially when the work stop
• Hyster Co. v. Indep. Towing & Lifting Mach. Ass'n
  519 F.2d 89· 7th Cir.· 1975-07-07 ·cited 14×
  The court held that the work stoppages, resulting from refusals to cross a stranger union's picket lines, did not give rise to an arbitrable issue under the collective bargaining agreements, and therefore the Boys Markets exception to the Norris-LaGuardia Act did not apply.
• Complete Auto Transit, Inc. v. Reis
  614 F.2d 1110· 6th Cir.· 1980-02-08 ·cited 12×
  The court held that an injunction may be granted if a strike, initially over a non-arbitrable issue, transforms into a dispute over an arbitrable issue, but individual union members cannot be sued for damages under § 301 for violating a no-strike clause.
• Anheuser-Busch, Inc. v. Teamsters Local NO. 633
  511 F.2d 1097· 1st Cir.· 1975-02-19 ·cited 12×
  The court held that the employer's claimed injury from employees wearing tank-tops pending arbitration was not sufficiently irreparable to justify injunctive relief under the Boys Markets exception to the Norris-LaGuardia Act.
• Ky. W. Va. GAS Co. v. OIL
  549 F.2d 407· 6th Cir.· 1977-02-14 ·cited 11×
  The court held that the district court erred in finding the arbitration and strike provisions mutually exclusive, and that the interpretation of whether Article I permits a strike over an arbitrable dispute is for the arbitrator.
• N. Stevedoring & Handling Corp. v. Int'l Longshoremen's & Warehousemen's Union
  685 F.2d 344· 9th Cir.· 1982-08-26 ·cited 10×
  The court held that a temporary restraining order enforcing an arbitration award in a labor dispute is subject to the procedural requirements of Section 7 of the Norris-La Guardia Act, and that wholesale adoption of one party's proposed findings without a hearing violates these r
• Associated Gen. Contractors OF Ill. v. Illinois Conference OF Teamsters
  454 F.2d 1324· 7th Cir.· 1972-01-31 ·cited 10×
  The court held that the district court erred in issuing a preliminary injunction to prevent a strike, as the dispute was a labor dispute covered by the Norris-LaGuardia Act and did not meet the requirements of Boys Markets for injunctive relief.
• United States v. Cunningham
  599 F.2d 120· 6th Cir.· 1979-05-21 ·cited 8×
  The court held that the evidence was sufficient to support the convictions for criminal contempt and that the temporary restraining order was properly issued.
• Chicago Typographical Union v. Chicago Newspaper Publishers' Ass'n & Field Enters., Inc.
  620 F.2d 602· 7th Cir.· 1980-02-05 ·cited 7×
  The court held that attorney fees awarded under Section 7 of the Norris-LaGuardia Act are limited to the amount of the injunction bond posted, and since a zero bond was posted for the improperly issued TRO, no attorney fees could be awarded.
• OIL, Chem. & Atomic Workers Int'l Union, AFL-CIO v. Amoco OIL Co. (Salt Lake City Refinery)
  885 F.2d 697· 10th Cir.· 1989-09-15 ·cited 6×
  The court held that federal courts should not decide the merits of a labor dispute, even when considering injunctive relief pending arbitration, as this encroaches on the arbitrator's jurisdiction.
• Ryder Truck Lines, Inc. v. Teamsters Freight Local Union NO. 480
  705 F.2d 851· 6th Cir.· 1983-04-22 ·cited 6×
  The dissenting judge holds that the union's explicit no-strike clause was violated, and the case should not be remanded for further factual determination regarding the strike's cause.
• Hampton Roads Shipping Ass'n v. Int'l Longshoremen's Ass'n
  631 F.2d 282· 4th Cir.· 1980-09-18 ·cited 6×
  A federal court cannot enjoin a work stoppage pending arbitration if the underlying dispute causing the work stoppage is not arbitrable under the collective bargaining agreement.
• The Corporate Printing Co., Inc. v. NEW York Typographical Union NO. 6
  555 F.2d 18· 2d Cir.· 1977-04-27 ·cited 6×
  A federal court lacks jurisdiction to enjoin a union from organizing employees not covered by the Labor-Management Relations Act, as such activity falls under the broad definition of a 'labor dispute' protected by the Norris-LaGuardia Act.
• Teledyne Wisconsin Motor v. Local 283
  530 F.2d 727· 7th Cir.· 1976-01-26 ·cited 6×
  The court held that the Norris-LaGuardia Act's anti-injunction provisions barred federal court jurisdiction over the employer's request for an injunction against a work stoppage over overtime hours, as the collective bargaining agreement lacked both a 'no-strike' clause and a man
• Ryder Truck Lines, Inc. v. Teamsters Freight Local Union NO. 480
  727 F.2d 594· 6th Cir.· 1984-02-13 ·cited 4×
  The dissenting judge holds that the general no-strike clauses did not prohibit the strike because the district court failed to determine if the strike's cause was arbitrable.
• Elevator Mfrs'. Ass'n OF NEW York, Inc. v. Local 1
  689 F.2d 382· 2d Cir.· 1982-09-23 ·cited 4×
  The court held that a work stoppage arising from an arbitrable grievance, even if it involves a refusal to perform voluntary overtime, can be enjoined under the Boys Markets exception to the Norris-LaGuardia Act.
• Int'l Union v. Dana Corp.
  679 F.2d 634· 6th Cir.· 1982-06-04 ·cited 4×
  The court held that the Norris-LaGuardia Act does not preclude injunctions against employer self-help measures that undermine the arbitral process, even if those measures involve speech protected by the First Amendment.
• United States Steel Corp. v. United Mine Workers OF Am.
  593 F.2d 201· 3d Cir.· 1979-02-09 ·cited 4×
  A union local is liable for damages for breach of an implied no-strike obligation if the underlying dispute is arbitrable and the parties to the underlying dispute are the same as those involved in the breach action.
• SAN Francisco Elec. Contractors Ass'n, Inc. v. Int'l Bhd. OF Elec. Workers
  577 F.2d 529· 9th Cir.· 1978-06-22 ·cited 4×
  A federal court may issue an injunction to enforce an arbitrator's award, even if the strike occurs after the award, provided the strike concerns a dispute already resolved by that award.
• Port OF Houston Auth. OF Harris Cnty. v. Int'l Org. OF Masters, Mates & Pilots, AFL-CIO
  456 F.2d 50· 5th Cir.· 1972-03-02 ·cited 4×
  The court held that the Norris-LaGuardia Act deprives federal courts of jurisdiction to enjoin peaceful informational picketing in a labor dispute, even if it interferes with foreign commerce or violates treaties.
• ICE Cream Drivers & Emps. Union Local 757 v. Borden, Inc.
  433 F.2d 41· 2d Cir.· 1970-10-26 ·cited 4×
  The court held that the majority's decision improperly expanded the scope of arbitration beyond what the parties agreed to, potentially allowing for delay and judicial interference in arbitral matters.
• Niagara Hooker Emps. Union v. Occidental Chem. Corp.
  935 F.2d 1370· 2d Cir.· 1991-06-20 ·cited 2×
  The court held that the district court erred in issuing a preliminary injunction against the employer's random drug testing program because it did not sufficiently frustrate the arbitral process.
• Dist. 29 v. NEW Beckley Mining Corp.
  895 F.2d 942· 4th Cir.· 1990-02-08 ·cited 2×
  The dissenting judge believes the controversy does not constitute a 'labor dispute' under the Norris-LaGuardia Act, and therefore an injunction was improperly issued.
• Waller Bros. Stone Co. v. United Steelworkers OF Am.
  620 F.2d 132· 6th Cir.· 1980-04-29 ·cited 2×
  The court held that the union's express reservation of the right to strike over wage rates, as interpreted in the context of the entire collective bargaining agreement, precluded the issuance of a preliminary injunction under the Boys Markets exception to the Norris-LaGuardia Act
• Consolidation Coal Co. v. Int'l Union
  537 F.2d 1226· 4th Cir.· 1976-06-25 ·cited 2×
  The court held that the injunction exceeded the limits of the Boys Markets exception to the Norris-LaGuardia Act because the dispute involved the right of non-employees to picket, which was not an arbitrable grievance under the contract.
• Am. Tel. & Tel. Co. v. Commc'ns Workers OF Am., AFL-CIO
  985 F.2d 855· 6th Cir.· 1993-02-18
  The Boys Markets exception to the Norris-LaGuardia Act's anti-injunction provision applies only to disputes subject to mandatory binding arbitration, not to nonbinding grievance procedures.