RESPONDENT: United Steelworkers of America, AFL-CIO
LOCATION: Time, Inc.
DOCKET NO.: 75-339
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Second Circuit
CITATION: 428 US 397 (1976)
ARGUED: Mar 24, 1976
DECIDED: Jul 06, 1976
Jeremy V. Cohen - for petitioner
Facts of the case
Media for Buffalo Forge Company v. United Steelworkers of America, AFL-CIOAudio Transcription for Oral Argument - March 24, 1976 in Buffalo Forge Company v. United Steelworkers of America, AFL-CIO
Audio Transcription for Opinion Announcement - July 06, 1976 in Buffalo Forge Company v. United Steelworkers of America, AFL-CIO
Warren E. Burger:
The judgment and opinion of the Court in 75-339, Buffalo Forge Company against United Steelworkers will be announced by Mr. Justice White.
Byron R. White:
This case is here from the Court of Appeals for the Second Circuit and it arose when the respondent union called a strike in support of certain sister unions involved in negotiations with the same employer.
The employer claims that the strike was in violation of the no-strike clause contained in the contract between the company and the union.
On the other hand, the union said that sympathy strikes weren’t reached by the no-strike clause.
The contract also contained arbitration provision, admittedly reaching the issue whether a sympathy strike did violate the promise of the union, not to strike.
The issue in the case is whether a federal court may issue an injunction against a strike, pending the decision of the arbitrator as to whether the union has breached it's promise not to strike by calling a sympathy strike.
Court of Appeals said that federal court had no such power and we agree with the Court of Appeals.
For the reasons that we have stated in the opinion on file with the clerk, we hold that the Norris-Laguardia Act debars the issue of some injunction, pending arbitration of the issue that I have described.
Mr. Justice Stevens has filed a dissenting opinion.
He is joined by Justices Brennan, Marshall and Powell.
Warren E. Burger:
Thank you, Mr. Justice White.