Matson Plastering Co., Inc. v. Operative Plasterers and Cement Masons International Association, Afl-Cio, Plasterers Local Union No. 295

The issue for decision is whether the district court had jurisdiction to issue a preliminary injunction against a strike by the Operative Plasterers and Cement Masons International Association, Local 295 (the Union). The Union claims that the court lacked jurisdiction under applicable provisions of the Norris-LaGuardia Act, 29 U.S.C. § 101 et seq. Matson Plastering Co., Inc. (the Employer) claims that the district court had jurisdiction under the exception to the Norris-LaGuardia Act established in Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235 , 90 S.Ct. 1583 , 26 L.Ed.2d 199 (1970).

Martin Hageland, Inc. v. United States Dist. Ct. Cent. Dist., Cal., 460 F.2d 789, 791 (1972).

Boys Markets carved out a narrow exception to these strictures. It overruled prior case law (Sinclair Refining Co. v. Atkinson, 370 U.S. 195 , 82 S.Ct. 1328 , 8 L.Ed.2d 440 (1962)) and held that the Norris-LaGuardia Act did not prohibit an injunction to enforce an undisputed contractual obligation not to strike and to submit to binding arbitration. Absent such a clear contractual duty, Boys Markets “leaves the strictures of the Norris-LaGuardia Act undisturbed.” Martin Hageland, Inc.,…