Associated General Contractors of America, Inc. v. International Union of Operating Engineers, Local 701

Associated General Contractors (AGC) brought this action in the district court to reform certain work assignment provisions of its collective bargaining agree *1396 ment with the International Union of Operating Engineers, Local 701, and to enjoin Local 701 from seeking arbitration of grievances related to those provisions. Local 701 counterclaimed under § 301 of the Labor Management Relations Act of 1947 (LMRA), 29 U.S.C. § 185 (1970), for damages for breach of contract. The district court entered judgment for AGC, dismissing Local 701’s counterclaim “on the merits,” and holding that a prior ruling of the National Labor Relations Board pursuant to § 10(k) of the LMRA, 29 U.S.C. § 160 (k) (1970), reported at 205 N.L.R.B. 383 , precluded Local 701 from suing for damages under § 301 and effectively barred its only defense to AGC’s complaint. Local 701 appeals and we reverse.

This case concerns the operation of concrete pumps in Oregon and eastern Washington. Both the Joint Council of Teamsters No. 37 and Local 701 represent concrete pump operators in the region. In June of 1970 and 1973, AGC and Local 701 entered into collective bargaining agreements which provided, inter alia,…