SIMPLEX W. & C. CO. v. LOCAL 2208 OF IB OF EW, AFL-CIO
| Decision Date | 24 June 1970 |
| Docket Number | Civ. A. No. 3158. |
| Citation | 314 F. Supp. 885 |
| Parties | SIMPLEX WIRE AND CABLE CO. v. LOCAL 2208 OF the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, and John T. O'Connell, and Russell K. Allen, and Everett E. Parshley, and Vincent P. Farley. |
| Court | U.S. District Court — District of New Hampshire |
Michael R. Brown, Boston, Mass., George L. Manias, Cleveland, Waters & Bass, Concord, N. H., for plaintiff.
Nathan S. Paven, Mason & Paven, Boston, Mass., for defendants.
Jurisdiction is in this court under section 301(a) of the Labor Management Relations Act.1
The plaintiff Company's motion to remand is denied.
The plaintiff Company's motion in the alternative to compel arbitration and enjoin continuation of the strike is denied.
A collective bargaining agreement is in effect between the Simplex Wire and Cable Company (the Company) and Local 2208 of the International Brotherhood of Electrical Workers Union which represents all production, maintenance, and traffic employees. Ex. 1. On June 15, 1970, a unit of quality control employees, for whom the International Brotherhood of Electrical Workers had been certified by the NLRB as bargaining agent in late 1969, went on strike as a result of an impasse in their negotiations with the Company as to a collective bargaining agreement. The quality control employees had never been members of Local 2208 and were specifically excluded from the coverage of the contract under which this action was brought. Ex. 1, Par. 1.1. Pursuant to this strike, the quality control employees set up a picket line which most, if not all, members of Local 2208 have refused to cross resulting in a virtual standstill of the Company's production.
Paragraph 18.1 of the collective bargaining agreement between the Company and Local 2208 provides:
The Union agrees that it will not cause or sanction a strike or work stoppage and the Company agrees that it will not engage in a lockout because of any disputes over matters relating to this Agreement. The Union further agrees that it will take prompt action to urge any or all employees engaged in a strike or work stoppage in violation of this Agreement to return to work. There shall be no responsibility on the part of the Union, its officers, representatives, or affiliates for any strike or other interruptions of work unless specifically provided for in this Agreement. (Emphasis added.)
This Court need go no further than Boys Markets, Inc. v. Retail Clerk's Union, Local 770, 398 U.S. 235, 90 S.Ct. 1583, 26 L.Ed.2d 199 (U.S. June 1, 1970). That case controls and sets forth the principles which this Court must follow...
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...(D.D.C.1975); General Cable Corp. v. Electrical Workers Local 1644, 331 F.Supp. 478 (D.Md.1971); Simplex Wire and Cable Co. v. Electrical Workers Local 2208, 314 F.Supp. 885 (D.N.H.1970); Note, 88 Harv.L.Rev. 463 The union also asserts that injunctive relief in this case would contravene th......
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...Brotherhood of Electrical Workers, 331 F.Supp. 478 (D.C.Md.1971); and Simplex Wire and Cable Co. v. Local 2208 of the International Brotherhood of Electrical Workers, 314 F.Supp. 885 (D.C.N.H.1970), but these opinions are clearly distinguishable. In none of the cited cases was there a contr......
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...1372, 1373 (5th Cir. 1972); General Cable Corp. v. IBEW, Local 1644, 331 F.Supp. 478, 482 (D.Md.1971); Simplex Wire and Cable Co. v. Local 2208, IBEW, 314 F.Supp. 885, 886 (D.N.H.1970); N.A.P.A. Pittsburgh, Inc. v. Automotive Chauffeurs, Parts and Garage Employees, Local Union 926, 502 F.2d......
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