Labor Law - LMRA - Injunctive Relief for Breach of No-Strike Agreement

The collective bargaining agreement between the employer and union contained a no-strike provision. While the contract remained in effect, the union sought wage renegotiations. The discussions were unsuccessful and the union called a strike. Claiming a breach of the no-strike clause, the employer requested an injunction against continuance of the peaceful strike.

The district court held that under section 301 of the Labor-Management Relations Act of 1947, which provides that "Suits for violation of contracts between an employer and a labor organization . . . may be brought in any district court ... ," it had authority to enjoin the strike. On appeal, held, reversed. Because the strike constitutes a "labor dispute" under the Norris-LaGuardia Act, section 4 of that act prohibits the court from granting the injunction. Section 301 of the LMRA does not impliedly repeal the anti-injunction provisions of the Norris-LaGuardia Act.

A. H.

Bull Steamship Co. v. Seafarers' International Union of North America, Atlantic and Gulf District, AFL-CIO, (2d Cir. 1957) 250 F. (2d) 326, cert. den. 355 U.S. 932 (1958).