Howard Electric Co. v. International Brotherhood of Electrical Workers Local Union No. 570

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 “[tjhere shall be no stoppage of work * * * by strike” during the term of the agreement.

The union filed a motion to stay the proceedings in the district court pending arbitration in accordance with the grievance procedure of the collective bargaining agreement. In an affidavit attached to the motion, the business manager for the local union admitted that some employees had engaged in a walkout because of a dispute over the referral of employees, but claimed that the walkout was without sanction, action, or fault of the local union. The business manager specifically denied that the union instigated the walkout or encouraged its members not to work for the company.

After a hearing, the district court granted the union’s motion to stay pending arbitration and the company appeals. We affirm.

The issues, as we see them, are twofold:…