History
  • No items yet
midpage
Swartz & Funston v. Bricklayers
319 F.2d 116
| 3rd Cir. | 1963
|
Check Treatment

319 F.2d 116

SWARTZ & FUNSTON, INC., Appellant,
v.
BRICKLAYERS, MASONS AND PLASTERERS INTERNATIONAL UNION OF
AMERICA, Bricklayers Union Local No. 7 of New
Jersey, and Anthony Previtera.

No. 14255.

United States Court of Appeals Third Circuit.

Argued June 10, 1963.
Decided June 27, 1963.

Geoffrey J. Cunniff, Philadelphia, Pa., for appellant.

David Seliger, Camden, N.J. (Plone, Tomar, Parks & Seliger, Camden, N.J., on the brief), for appellees.

Before KALODNER, HASTIE and SMITH, Circuit Judges.

PER CURIAM.

1

This appeal has been taken from an order dismissing an employer's complaint seeking damages from a labor union because of certain allegedly unlawful work stoppages. In dismissing the complaint, the district court ruled that the subject matter of the complaint was arbitrable under a collective bargaining agreement of the parties.

2

We agree that the matter in controversy should first be submitted to arbitration. However, we cannot now determine whether any judicial action on this claim will be appropriate after the arbitrators shall have acted upon the controversy in the light of the submissions of the parties and their own interpretation of the collective bargaining agreement.

3

Accordingly, we shall direct that the order dismissing the complaint be vacated and that action upon the complaint be stayed pending arbitration. Neither party shall be awarded costs as against the other on this appeal.

Case Details

Case Name: Swartz & Funston v. Bricklayers
Court Name: Court of Appeals for the Third Circuit
Date Published: Jun 27, 1963
Citation: 319 F.2d 116
Docket Number: 14255
Court Abbreviation: 3rd Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.