Labor Law - Arbitration - Power of Arbitrator to Enjoin Union from Continuing Slowdown

Authors

Lawrence M. Kelly, University of Michigan Law School

Abstract

An arbitrator, acting under a collective bargaining agreement which called for a "speedy arbitration" procedure, issued an award enjoining the unions from continuing a slowdown in violation of that clause of the agreement forbidding strikes, lockouts, and slowdowns. A Supreme Court order granted the employers' motion to confirm the award and overruled the unions' cross motion to vacate. The unions claimed that the arbitrator, in issuing the injunction, had exceeded the powers granted him under the agreement and had acted contrary to section 876a of the Civil Practice Act (the New York Anti-Injunction Act). The Appellate Division affirmed the order with minor modifications of form. On appeal, held, affirmed. The award of an injunction was proper since nothing short of this would have accomplished the intent of the parties that there be expeditious and immediately effective relief. Nor does section 876a bar an injunction as part of an arbitration award if the bargaining agreement contemplated its inclusion. Matter of Ruppert, 3 N.Y. (2d) 576, 148 N.E. (2d) 129 (1958).

Recommended Citation

Lawrence M. Kelly, Labor Law - Arbitration - Power of Arbitrator to Enjoin Union from Continuing Slowdown, 57 Mich. L. Rev. 418 (1959).
Available at: https://repository.law.umich.edu/mlr/vol57/iss3/10