William J. Brennan, Jr.

“ While it is of course true, as respondent contends, that other avenues of redress, such as an action for damages, would remain open to an aggrieved employer, an award of damages after a dispute has been settled is no substitute for an immediate halt to an illegal strike. Furthermore, an action for damages prosecuted during or after a labor dispute would only tend to aggravate industrial strife and delay an early resolution of the difficulties between employer and union. ”

“ When a strike is sought to be enjoined because it is over a grievance which both parties are contractually bound to arbitrate, the District Court may issue no injunctive order until it first holds that the contract does have that effect; and the employer should be ordered to arbitrate, as a condition of his obtaining an injunction against the strike. ”

“ A union representative insisted that the food cases be stripped of all merchandise and be restocked by union personnel. When petitioner did not accede to the union's demand, a strike was called and the union began to picket petitioner's establishment. Thereupon petitioner demanded that the union cease the work stoppage and picketing and sought to invoke the grievance and arbitration procedures specified in the contract. ”

“ An additional reason for not resolving the existing dilemma by extending Sinclair to the States is the devastating implications for the enforceability of arbitration agreements and their accompanying no-strike obligations if equitable remedies were not available. [15] As we have previously indicated, a no-strike obligation, express or implied, is the quid pro quo for an undertaking by the employer to submit grievance disputes to the process of arbitration. See Textile Workers Union of America v. ”

“ Shortly thereafter Congress passed the Wagner Act, [20] designed to curb various management activities that tended to discourage employee participation in collective action.
As labor organizations grew in strength and developed toward maturity, congressional emphasis shifted from protection of the nascent labor movement to the encouragement of collective bargaining and to administrative techniques for the peaceful resolution of industrial disputes. ”

“ Dunau, Three Problems in Labor Arbitration, 55 Va.L.Rev. 427 (1969) .↑ It is true that about one-half of the States have enacted so-called 'little Norris-LaGuardia Acts' that place various restrictions upon the granting of injunctions by state courts in labor disputes. However, because many States do not bar injunctive relief for violations of collective-bargaining agreements, in only about 14 jurisdictions is there a significant Norris-LaGuardia-type prohibition against equitable remedies for breach of no-strike obligations. ”

“ The commentators are divided, however, with respect to proposed solutions, some favoring reconsideration of Sinclair, others suggesting extension of Sinclair to the States, and still others recommending that any action in this area be left to Congress. See generally Aaron, Strikes in Breach of Collective Agreements: Some Unanswered Questions, 63 Col.L.Rev. 1027 (1963) ; Aaron, The Labor Injunction Reappraised, 10 U.C.L.A.L.Rev. 292 (1963) ; Bartosic, supra, n. 14; Dunau, supra, n. 14; Keene, supra, n. 10 ”

“ See e.g., American Dredging Co. v. Local 25, Marine, 338 F.2d 837 (C.A.3d Cir. 1964) , cert. denied, 380 U.S. 935, 85 S.Ct. 941, 13 L.Ed.2d 822 (1965) ; Shaw Electric Co. v. I.B.E.W., 418 Pa. 1, 208 A.2d 769 (1965) . ”