The opinion of the court was delivered by: DUMBAULD
On October 30, 1973, this Court routinely and ex parte, thinking we were dealing with what Judge Adams calls "a 'Boys Markets' injunction",
granted a temporary restraining order against a work stoppage upon presentation of a complaint containing copy of a collective bargaining agreement including a no-strike provision and a provision for grievance arbitration procedure in the usual form.
At the hearing on preliminary injunction on November 9, 1973, the union defendants contended persuasively that in fact no collective bargaining agreement was in force between plaintiff and defendants, and the Court was convinced that the temporary restraining order had been improvidently granted and should be permitted to expire.
The Court accepted, as on a common law demurrer, the truth of the allegations set forth by plaintiff's counsel, and concluded as a matter of law that "the determination sought to be judicially enforced is not the type of quasi-judicial award pursuant to a collective bargaining agreement which is so enforceable under current doctrine, but is a quasi-legislative negotiation of certain terms of such an agreement, the attempt to enforce which without exhausting the appropriate grievance procedure is premature, and this Court therefore has no authority to afford injunctive relief."
Stated differently, the Court was of opinion that the instant case did not fall within the Boys Markets exception
to the Norris-LaGuardia Act
which eliminated labor injunctions.
On November 9, 1973, an appeal was taken, and on the same day Judge van Dusen made an order whereby "the terms of the temporary restraining order entered by the United States District Court for the Western District of Pennsylvania, which expires tonight, are continued until further order of this court," and a hearing before a panel of the Court of Appeals was set for November 13, 1973, "to consider the continuance of such injunction pending appeal and the Motion for an expedited appeal."
At the hearing on November 13, 1973, before Judges Kalodner, van Dusen, and Adams, the following order was made:
In pursuance thereof, a hearing was held by this Court on November 20, 21, and 26, 1973, where testimony was taken and oral argument heard. On account of the engagements of counsel and extensions granted, the briefing schedule was not completed as promptly as had been anticipated; and by that time the engagement of the Court in jury trials has similarly precluded prompter disposition of the case. Now, however, we have reviewed the evidence and read the briefs; and find that counsel are to be commended for the accuracy of their original presentations on November 8, 1973, for the facts as established by the evidence are substantially identical with those foreshadowed in counsel's presentations.
From the evidence, it appears that the trucking industry is governed by a complex three-tiered set of contractual arrangements. First is the National Master Freight Agreement (JX-2). This is supplemented by a local agreement known as the Joint Council No. 40 agreement, covering the Western Pennsylvania area which provides, inter alia, for the establishment of a body known as the Eastern Conference Joint Area Committee, which acts as an appellate agency in dealing with grievances, and is composed of representatives of both employers and employees.
Moreover, "riders" are negotiated between particular carriers and unions. The National agreement provides with respect to such agreements in Article II, section 5 as follows:
Riders or Supplements to this Agreement providing for better wages, hours and working conditions, which have been negotiated by Local Unions and Employers affected and put into effect, shall be continued, and shall be improved wherever required by the 1973 amendments to this Agreement except as to those better Riders which by agreement of the parties are subject to mutual agreement and adjustment on the supplemental area level. Such Riders, as improved, shall be submitted to the Conference Joint Area Committee for approval.
No new Riders or Supplements to this Agreement shall be negotiated unless approved by the Conference Joint Area Committee, if confined to the Conference Area, or by the National Grievance Committee if applicable to more than one Conference Area.
Riders to this Agreement and to Supplements thereto between Local Unions and Employers that do not meet the standards set forth in the National Master Agreement and Supplements thereto, shall be continued pending negotiations for amendment of such riders which negotiations shall be conducted and concluded within 90 days after July 1, 1973. In the event no agreement is concluded, the matter shall be referred during such period to the Conference Joint Area Committee, if confined to that Conference Area, or to the National Grievance Committee if applicable to more than one Conference Area, for final disposition. If the Conference Joint Area Committee or the National Grievance Committee as the case may be cannot finally dispose of the matter, such ...