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TRAILWAYS OF NEW ENGLAND, INC. v. AMALGAMATED ASS'N

No. 6591.

353 F.2d 180 (1965)

TRAILWAYS OF NEW ENGLAND, INC., Appellant, v. AMALGAMATED ASSOCIATION OF STREET, ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA, AFL-CIO, DIVISION 1318, Appellee.

United States Court of Appeals First Circuit.

December 2, 1965.

Attorney(s) appearing for the Case

Morris J. Levin, Washington, D. C., with whom Joseph J. Hurley, Boston, Mass., Richard R. Paradise, Betty Southard Murphy, Washington, D. C., Cargill, Masterman, Redmond & Cahill, Boston, Mass., and McInnis, Wilson, Munsion & Woods, Washington, D. C., were on the brief, for appellant.

Earle W. Putnam, Washington, D. C., with whom Arthur J. Flamm, John D. O'Reilly, III, and Segal & Flamm, Boston, Mass., were on the brief, for appellee.

Before ALDRICH, Chief Judge, and HASTIE and McENTEE, Circuit Judges.

ALDRICH, Chief Judge.

This case raises again the question of court intervention in labor arbitration, sought on the ground that the arbitrators have nothing properly before them. In another decision this day we have held that an objecting party could not be heard until the arbitrator had decided against it. Camden Industries, Inc. v. Carpenters Local Union No. 1688, 1 Cir., 1965, 353 F.2d 178. In that case we were unable to say "with...

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