AUSTIN MAILERS UNION NO. 136, APPELLANT,
v.
NEWSPAPERS, INC., APPELLEE
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The court held that the Labor Management Relations Act does not empower federal courts to compel arbitration of future contractual provisions under the contract at issue.
Appellant sought to enforce arbitration provisions under a contract. The district judge found the contract was not in effect and that the Act did not …
The full statement of facts, procedural history, and disposition for this case are member content.
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HUTCHESON, Circuit Judge.
The material facts of this case are not. in dispute and are succinctly set forth by the District Judge in his findings of fact.
Appellant’s points of error correctly reflect the two principal issues here-involved: (1) whether Sec. 301 of the-Labor Management Relations Act of 1947, 29 U.S.C.A. § 185(a) empowers, the federal courts to compel arbitration pursuant to a contract between an employer and a labor organization, as to future contractual provisions; and (2) whether the contract here involved was. still in effect when the appellant sought to-enforce the arbitration provisions.
In his findings of fact and conclusions, of law,1 the district judge answered these two issues in the negative. Based thereon, he then entered his order and judgment granting appellee summary judgment.
We are of the opinion that the findings, of fact are not shown to be clearly erroneous and that on the basis of these facts and the controlling decisions, his conclusions of law were correctly drawn. In support of his opinion, the district judge relied on Boston Printing Press man’s Union v. Potter Press, 141 F.Supp. 553, affirmed 241 F. 2d 787, cert. denied 355 U.S. 817, 78 S.Ct. 21, 2 L.Ed.2d 34.
Here appellant vigorously attacks the Potter Press decision as incorrect and the decision appealed from here as wrong. We cannot agree with this view. On the -contrary, we are of the opinion that the Potter Press case was correctly decided and that on the findings and conclusions -of the district judge, which we approve, the judgment here appealed from must be -affirmed.
Affirmed.
. Austin Mailers Union No. 136 v. Newspapers, Inc., D.C., 226 F.Supp. 600.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Winston-Salem Printing Pressmen & Assistants' Union NO. 318 v. Piedmont Publ'g Co. of Winston-Salem, 393 F.2d 221 (4th Cir. 1968)
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Chattanooga Mailers Union v. The Chattanooga News-Free Press Co., 524 F.2d 1305 (6th Cir. 1975)
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Nat'l Labor Relations Bd. v. The Columbus Printing Pressmen & Assistants' Union NO. 252, 543 F.2d 1161 (5th Cir. 1976)
Authorities Cited
- Compania Ithaca de Vapores v. United States, 355 U.S. 817 (U.S. 1957)
- Boston Printing Pressmen's Union No. 67 v. Potter Press, 355 U.S. 817 (U.S. 1957)
- Boston Printing Pressmen's Union NO. 67 v. Potter Press, 241 F.2d 787 (1st Cir. 1957)