Earthgrains Baking Companies, Inc. v. Teamsters Union Local No. 78

MEMORANDUM AND ORDER

Plaintiff requests a preliminary injunction barring the strike threatened by defendant labor organizations.

The Norris-LaGuardia Act states that the federal courts do not have jurisdiction to enjoin labor unions from striking. 29 U.S.C. § 104 . In Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235 , 90 S.Ct. 1583 , 26 L.Ed.2d 199 (1970), however, the Supreme Court addressed the task of reconciling the Norris-LaGuardia Act with Section 301(a) of the Labor-Management Relations Act. Section 301(a) authorizes the district courts to enforce collective bargaining agreements, including those which include mandatory arbitration clauses. Because such clauses could not otherwise be enforced, the Court held that a labor strike may be enjoined if, and only if, it both violates a no-strike clause and concerns “a grievance which both parties are contractually bound to arbitrate.” Boys Markets, 398 U.S. at 254 , 90 S.Ct. 1583 .

“The scope of the Boys Markets exception to the Norris-LaGuardia Act is very narrow.” Hardline Elec. v. Intern. Broth. Elec. Workers, 680 F.2d 622 , 627 (9th Cir.1982). The exception applies only in the case of a “clear” and…