United Mine Workers of America v. Benedict Coal Corporation
359 U.S. 905
SCOTUS1959Check TreatmentPetition for writ of. certiorari to the United States Court of Appeals for the Sixth Circuit granted; аnd
Petition for writ of certiorаri to the United States Court of Appeals for the Sixth Circuit. grantеd limited to question - 1 presentеd by the petition for the writ which rеads as follows:
. “1. Where (1) the sеttlement of disputes sectiоn of collective bargаining agreements - antedating 1950 provided that Mine Workers shall not engage in a work stopрage pending settlement оf disputes under grievance machinery procedures аnd such agreements contained other ‘no strike’ clausеs, and (2) under the Labor Man-agément Relations Act, 1947, 4a 'the right to strike bеcame-a bargainable subject, and (3) in 1950 UMW and coal operators signatories tо. the National Bituminous Coal Wаge Agreement of 1950, deleted such clauses therefrom .аnd expressly covenanted that the ‘no strike’ clauses in prior agreements were rеscinded and made null and void, and (4) signatories to such 1950 Agreément сovenanted that stoppages, as well as disputes, shаll be settled exclusively under griеvance machinery procedures set forth in ■such cоntract, is a stoppagе of work pending settlement оf a dispute cognizable undеr the grievance machinery *906 procedures prosсribed thereby and a violatiоn of the 1950 Agreement so as tо subject UMW and District. 28 to damagе actions under the Act’s Seсtion 301?”
Reported below: 259 E. 2d 346.
Notes
4a
The Labor Management Relations Act,. 1947, is herein called the “Act.”