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  • Swartz & Funston, Inc. v. Bricklayers, Masons and Plasterers International Union of America, Bricklayers Union Local No. 7 of New Jersey, and Anthony Previtera, 319 F.2d 116, 3rd Cir. (1963)

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    This document summarizes a court case between an employer and labor union regarding allegedly unlawful work stoppages. The district court dismissed the employer's complaint, ruling the matter was arbitrable under the collective bargaining agreement. The appeals court agreed the matter should be submitted to arbitration first, but could not determine if subsequent judicial action would be appropriate until after arbitration. The appeals court ordered the dismissal order be vacated and any action on the complaint stayed pending arbitration, with no costs awarded to either party.

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    Filed: 1963-06-27 Precedential Status: Precedential Citations: 319 F.2d 116 Docket: 14255

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    This document summarizes a court case between an employer and labor union regarding allegedly unlawful work stoppages. The district court dismissed the employer's complaint, ruling the matter was arbitrable under the collective bargaining agreement. The appeals court agreed the matter should be submitted to arbitration first, but could not determine if subsequent judicial action would be appropriate until after arbitration. The appeals court ordered the dismissal order be vacated and any action on the complaint stayed pending arbitration, with no costs awarded to either party.

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    Swartz & Funston, Inc. v. Bricklayers, Masons and Plasterers International Union of America, Bricklayers Union Local No. 7 of New Jersey, and Anthony Previtera, 319 F.2d 116, 3rd Cir. (1963)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case between an employer and labor union regarding allegedly unlawful work stoppages. The district court dismissed the employer's complaint, ruling the matter was arbitrable under the collective bargaining agreement. The appeals court agreed the matter should be submitted to arbitration first, but could not determine if subsequent judicial action would be appropriate until after arbitration. The appeals court ordered the dismissal order be vacated and any action on the complaint stayed pending arbitration, with no costs awarded to either party.

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    of 2

    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.

    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.

    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.

    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.

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