Twin Excavating Co. v. LOCAL UNION NO. 731, EXCAVATING, ETC., 14432.
| Decision Date | 17 September 1964 |
| Docket Number | No. 14432.,14432. |
| Citation | 337 F.2d 437 |
| Parties | TWIN EXCAVATING CO., Plaintiff-Appellee, v. LOCAL UNION NO. 731, EXCAVATING, GRADING, ASPHALT, PRIVATE SCAVENGERS AND AUTOMOBILE SALESROOM GARAGE ATTENDANTS, Larry Monahan, Matt Boss, Albert Van Der Sluis, Frank Johnson, Kenneth Guido, William J. Collins, Andrew Kojder and Edward Lucas, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Michael C. Greenfield, Edward J. Calihan, Jr., Lester Asher, Benjamin Jacobson, Leo Segall, Chicago, Ill., for defendants-appellants.
Arthur Morse, Seymour Schriar, Chicago, Ill. (Cherry & Morse, Chicago, Ill., of counsel), for plaintiff-appellee.
Before HASTINGS, Chief Judge, and DUFFY and SCHNACKENBERG, Circuit Judges.
This action was commenced against Local Union No. 731 and officers of the Union to recover damages alleged to have been occasioned by defendants-appellants' attempt to induce a subcontractor and the employees of the subcontractor to cease performing services for and doing business with the plaintiff, and to force Paschen Contractors, Inc., the prime contractor, to cease doing business with plaintiff.
The matter presently before this Court is an interlocutory appeal by defendants-appellants from the denial of their motion to stay the proceedings in this suit until the dispute is resolved by a Joint Committee which was authorized by a certain collective bargaining agreement entered into between plaintiff and Local Union No. 731.
In an agreement dated May 26, 1958, between Local Union No. 731 and plaintiff, there appeared the following provision:
The basic issue in this suit is whether the Labor Management Relations Act, 1947, 29 U.S.C. 141 et seq., sometimes hereinafter referred to as the "Act", contemplated an arbitration proceeding as a substitute for a court hearing in a suit for damages under § 303 of the Act, where plaintiff and defendant are parties to a collective bargaining contract.
We think it is now well established that when one of the parties to a collective bargaining contract brings a suit under § 301 of the Act for a violation of the contract, and which contract contains a provision for arbitration, the grievance must be submitted to arbitration.1
However, the instant suit is not an action brought under § 301 of the Act. It is a suit for damages under § 303 of the Act, and does not involve a suit for violation of a collective bargaining agreement.
At the time the bill creating the Labor Management Relations Act, 1947, was before Congress, that body was greatly concerned with what it regarded as serious evils growing out of secondary boycotts and jurisdictional strikes. In § 8(b) (4) of the Act, Congress defined such conduct by labor organizations as unfair labor practices. Section 303 defines such conduct as being unlawful, and grants to a party injured by such conduct of a labor organization, the right to sue. International Longshoremen's & Warehousemen's Union et al. v. Juneau Spruce Corporation, 342 U.S. 237, 72 S.Ct. 235, 96 L.Ed. 275.
The intent of Congress in enacting § 303 is well shown by a statement of Senator Taft who was the author of the bill. The Senator said: "* * * I think the threat of a suit for damages is a tremendous deterrent to the institution of secondary boycotts and jurisdictional strikes. * * *" (93 Cong.Rec. 5060; II Leg.Hist. of Labor Management Relations Act of 1947, page 1371.)
It is doubtful that the contract here under consideration contains a valid arbitration provision. We recognize it is not absolutely necessary that the word "arbitration" should be used. General Drivers, Warehousemen & Helpers, Local Union No. 89 v. Riss and Co., Inc., 372 U.S. 517, 519, 83 S.Ct. 789, 9 L.Ed.2d 918. Nevertheless, the provisions in the contract for a ...
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...strikes. 93 Cong.Rec. 5060; II Leg. Hist. of Labor Management Relations Act of 1947 at 1371, Cited in Twin Excavating Co. v. Garage Attendants Local 731, 337 F.2d 437, 438 (7th Cir. 1964). Indeed, a secondary boycott is in the nature of a tort, and it is settled doctrine that almost all cau......
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