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LONG-AIRDOX CO. v. INT. UN. UNITED AUTO, ETC., WKRS.

No. 78-1854.

622 F.2d 70 (1980)

LONG-AIRDOX COMPANY, a Division of The Marmon Group, Inc., Appellee, v. INTERNATIONAL UNION UNITED AUTOMOBILE AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW), LOCAL 772; Edward A. Travis, Individually and as President of Local 772; Clayton C. Casto, Individually and as Vice President of Local 772; Arthur Mills, Individually and as Financial Secretary of Local 772; Reginald E. Dodd, Individually and as Recording Secretary of Local 772; Melvin Kessler, Individually and as Committeeman of Local 772; Manuel L. Gill, Individually and as Committeeman of Local 772; Homer Vest, III, Individually and as Committeeman of Local 772; and John Doe and Richard Roe (said names being fictitious, their true names being unknown); and all other employees of the plaintiff acting in concert with the named defendants, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 5, 1980.

Attorney(s) appearing for the Case

Ralph O. Jones, Asst. Gen. Counsel, Detroit, Mich. (John A. Fillion, Gen. Counsel, Jordan Rossen, M. Jay Whitman, Leonard R. Page, Associate Gen. Counsel, Detroit, Mich., on brief), for appellants.

Willis J. Goldsmith, Washington, D.C. (Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and SHIRLEY B. JONES, United States District Judge for the District of Maryland, sitting by designation.

BUTZNER, Circuit Judge:

Local 772, UAW, appeals from an order of the district court compelling it to arbitrate a grievance with Long-Airdox Company. We affirm the order to arbitrate, but we vacate those provisions of the order which (1) held that the employees' refusal to cross a picket line was a sympathy strike and (2) retained jurisdiction to award damages if the arbitrator's ruling was favorable to the company. These issues, we conclude, are subject to arbitration...

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