LEWIS ET AL.
v.
BENEDICT COAL CORP.; UNITED MINE WORKERS OF AMERICA ET AL. V. BENEDICT COAL CORP.
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A work stoppage pending settlement of a dispute cognizable under grievance machinery procedures constitutes a violation of a collective bargaining agreement that expressly rescinded prior no-strike clauses and covenanted exclusive settlement through grievance procedures, subjecting the union to damages under Section 301 of the Labor Management Relations Act.
[1] Under the Labor Management Relations Act, 1947, a collective bargaining agreement that expressly rescinds prior no-strike clauses and covenants that stoppages and dispute…
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Join FLexlaw to unlock all legal intelligenceThe United Mine Workers and coal operators were signatories to collective bargaining agreements predating 1950 that contained no-strike clauses and se…
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Petition for writ of. certiorari to the United States Court of Appeals for the Sixth Circuit granted; and
Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. granted limited to question - 1 presented by the petition for the writ which reads as follows:
. “1. Where (1) the settlement of disputes section of collective bargaining agreements - antedating 1950 provided that Mine Workers shall not engage in a work stoppage pending settlement of disputes under grievance machinery procedures and such agreements contained other ‘no strike’ clauses, and (2) under the Labor Man-agément Relations Act, 1947,4a 'the right to strike became-a bargainable subject, and (3) in 1950 UMW and coal operators signatories to. the National Bituminous Coal Wage Agreement of 1950, deleted such clauses therefrom .and expressly covenanted that the ‘no strike’ clauses in prior agreements were rescinded and made null and void, and (4) signatories to such 1950 Agreément covenanted that stoppages, as well as disputes, shall be settled exclusively under grievance machinery procedures set forth in such contract, is a stoppage of work pending settlement of a dispute cognizable under the grievance machinery procedures proscribed thereby and a violation of the 1950 Agreement so as to subject UMW and District. 28 to damage actions under the Act’s Section 301?”
Val J. Mitch, Harold H. Bacon, E. H. Rayson, Charles E. McNabb and R. R. Kramer for petitioners in No. 562.
Welly K. Hopkins, Harrison Combs, Willard P. Owens and M. E. Boiarsky for petitioners in No. 563. Fred B. Greear for respondent.
Mr. Justice Stewart took no part in the consideration or decision of these applications.
Reported below: 259 E. 2d 346.
4a
The Labor Management Relations Act,. 1947, is herein called the “Act.”