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AFFILIATED FOOD DISTRIBUTORS, INC. v. LOCAL UNION NO. 229

No. 72-1855.

483 F.2d 418 (1973)

AFFILIATED FOOD DISTRIBUTORS, INC., Appellant, v. LOCAL UNION NO. 229, Affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellee.

United States Court of Appeals, Third Circuit.

Decided August 14, 1973.

Attorney(s) appearing for the Case

Melvin S. Katzman, Jackson, Lewis, Schnitzler & Krupman, New York City, for appellant.

John J. Dunn, Sr., Scranton, Pa., for appellee.

Before ALDISERT and ADAMS, Circuit Judges, and STAPLETON, District Judge.

OPINION OF THE COURT

STAPLETON, District Judge.

The sole question on this appeal is whether the appellant-employer is bound to arbitrate its damage claim against the appellee-union for breach of a no-strike clause. Appellant, Affiliated Food Distributors, Inc. ("Affiliated") brought this action pursuant to Section 301 of the Labor Management Relations Act, 29 U.S.C.A. § 185 (1965). On motion of the appellee, Local Union No. 229, the district court ordered...

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