Boeing Airplane Co. v. Aeronautical Industrial District Lodge No. 751, International Ass'n of MacHinists

This appeal challenges a final order of the district court dismissing an action for breach of contract on motions of the defendants to dismiss and for summary judgment. The plaintiff, Boeing Airplane Company, sued the defendants, the International Association of Machinists and an affiliated local lodge, for breach of a promise not to strike which was one of the many provisions embodied in a comprehensive and detailed labor relations contract with Boeing,executed by both the local and international.

It was the principal and sufficient basis of the judgment below that in a letter to the local, received within 12 hours after the strike began, Boeing declared its election to terminate the entire labor relations contract, claiming that the strike afforded justification for such action. In argument before this court it was conceded on behalf of Boeing that this letter of termination effectively brought to an end all of the numerous obligations assumed by the parties under the labor relations contract. However, Boeing insists that its right to damages for the breach represented by the strike, which continued many months to Boeing’s great detriment, survived.

We have examined the entire…