Howard Electric Co. v. International Brotherhood Of Electrical Workers Local Union No. 570
Opinion
Opinion
423 F.2d 164 HOWARD ELECTRIC CO., a Colorado corporation, Appellant, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION NO. 570 and International Brotherhood of Electrical Workers, Appellees. No. 22749. United States Court of Appeals, Ninth Circuit. February 17, 1970. Bennett S. Aisenberg (argued), of Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., Shimmel, Hill, Kleindienst & Bishop, Phoenix, Ariz., for appellant. Ira Schneier (argued), Tucson, Ariz., for appellees. Before BARNES, DUNIWAY and WRIGHT, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge. 1 Howard Electric Company filed this action for damages under Section 301 of the Labor Management Relations Act of 1947, as amended, 29 U.S.C. § 185 (1964). The complaint alleged that the I.B.E.W., through its local union, ordered and coerced employees of the company to engage in a walkout in violation of a collective bargaining contract provision that "[t]here shall be no stoppage of work * * * by strike" during the term of the agreement. 2 The union filed a motion to stay the proceedings in the district court pending arbitration in accordance with the grievance procedure of the collective…