because the primary thrust of Buffalo Forge lies in the fact that the cause of the secondary work stoppage was not amenable to the arbitration provisions of the relevant labor contract (and one, incidentally, that contained an express no-strike clause). Since Buffalo Forge squarely addressed the question of whether a federal court may enjoin a sympathy strike -- and answered it negatively -- Local 6321's decision not to work cannot be disturbed by a district court injunction, if such strike is carried out in support of their union brethren.
If, as we believe, Local 6321 is refusing to work out of fear of reprisal their conduct is likewise protected but not necessarily because of Buffalo Forge. The uncontroverted fact in this case is that Local 6321 has no dispute with USS that is subject to mandatory arbitration under the 1974 Agreement. Without an arbitrable dispute being the reason for the strike USS cannot -- regardless of how the other relevant facts are constructed -- fit this case within the narrow exception of Boys Markets. See Jones & Laughlin Steel Corp. v. United Mine Workers, Civil Action No. 76-993 (W.D.Pa. August 3, 1976). That is the crux of this case pure and simple. The motion for a preliminary injunction must be denied.
Although we are constrained by law to deny the company's prayer for relief we feel equally compelled to comment on the alarming situation in which the parties before us now find themselves.
On the one hand we have a coal producer which needs production to feed its coke operations which in turn serve its ultimate function of manufacturing steel. Coal is vital to this employer. Cut off its supply for any length of time and you clot its lifeblood. The concern may not die but the harm is there and it is irreparable. Eventually USS, being integrated as it is, will feel the effects at various levels of its operations and, conceivably, many of its non-mining employees could be laid off. This is but one fact of what we consider to be an anomalous situation.
For on the other hand you have the unions, specifically the members of Local 6321 who are being deprived of earning a wage for themselves and their families. Upon reflection, are these coal miners really furthering their interests by staying off work? They have no dispute with the company; no reason to seek economic recourse against their employer; no legitimate purpose to be served by causing USS to feel financial discomfort. These miners are in fact, themselves, the recipients of pecuniary deprivation.
The irony of all of this is that, our hands being tied so to speak, we cannot grant the injunction to help the unions combat the dissident few who apparently are on the threshold of making a mockery of our time-tested system of laws.
It is simply incomprehensible to think that all of this (and more)
stems from a relatively small group of people who, having little regard for the law and probably less respect for their leadership, are engaged in a dispute that is not even remotely related to Local 6321 and USS.
This is indeed a sad time for many. It now appears that the days of eradicating labor strife through peaceful arbitration are close to extinction. There is in our midst a new breed of miners who are determined to fashion their own federal labor policy. Unfortunately for industry and labor, collective bargaining does not work when one party says "we do it my way or we don't do it at all." At this stage the courts can no longer provide solutions to the problems posed by the circumstances of this case. Under the current conditions legislative action may be necessary. In any event anarchy cannot be tolerated under our form of government.
How this debilitating situation can be corrected is an area of inquiry this Court shall not address. We do however call on all concerned to begin serious thinking in that direction. In the final analysis it may well be that the remedy lies within the union itself: by union we mean the rank and file who are being used by a band of radicals to subvert our legal system as well as disrupt this country's economy. We cannot believe that the majority of idled mine workers sincerely believe that they are exercising good judgment. Few, if any, even know what precipitated the West Virginia controversy. Nor do we believe that the accusation made against the federal judiciary is a reason being accepted by the union members for stopping coal production. In our opinion a strenuous effort should emerge from within the union to curb the present practices that are plaguing the welfare of us all.
For the record it should be noted that this matter came on for hearing via USS's application for a temporary restraining order. At said hearing, held August 3, 1976, it was stipulated by counsel that the evidence taken be considered for purposes of a preliminary injunction.
Findings of fact and conclusions of law have not been separately stated but are included in the body of the foregoing opinion as specifically authorized by 52(a) of the Federal Rules of Civil Procedure.
An appropriate order shall be entered.
AND NOW, to-wit, this 6th day of August, 1976, it is hereby ORDERED that United States Steel's motion for a preliminary injunction be denied.