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ISLAND CREEK COAL CO. v. UNITED MINE WKRS.

No. 74-1631.

507 F.2d 650 (1975)

ISLAND CREEK COAL COMPANY, Appellee, v. UNITED MINE WORKERS OF AMERICA, DISTRICT 2, UNITED MINE WORKERS OF AMERICA, and Local No. 998, United Mine Workers of America, Appellants.

United States Court of Appeals, Third Circuit.

Decided January 14, 1975.

As Amended February 5, 1975.

Attorney(s) appearing for the Case

Henry J. Wallace, Jr., Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Ferdinand F. Bionaz, Bionaz & Raptosh, Johnstown, Pa., for appellee.

Joseph A. Yablonski, Lewis D. Sargentich, Washington, D. C., Lloyd F. Engle, Jr., Melvin P. Stein, Kuhn, Engle, Blair & Stein, Pittsburgh, Pa., for appellants.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

In this appeal from an order granting a preliminary injunction pending arbitration we consider once again the scope of the no strike obligation implied from the settlement of dispute provisions of the National Bituminous Coal Wage Agreement. The plaintiff employer, Island Creek Coal Company, operates Bird No. 2 and No. 3 mines in Somerset County, Pennsylvania, and employs members of Local No. 998, United Mine...

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