Enjoining Politically Motivated Strikes in Federal Courts: The Jacksonville Bulk Terminals Case

Authors

Mark A. Ozzello

Document Type

Note

Abstract

The United States Supreme Court, in Jacksonville Bulk Terminals, Inc. v. International Longshoremen's Association, acknowledged that a work stoppage entirely motivated by political goals constitutes a "labor dispute" within the Norris-La Guardia Act which is prohibited from injunctive relief by a federal court. In so ruling, the Supreme Court found the Boys Markets, Inc. v. Retail Clerks Union and Buffalo Forge Co. v. United Steelworkers of America, AFL-CIO exceptions, which allow an injunction to issue pending arbitration in situations where the dispute underlying the work stoppage is arbitrable, to be inapplicable to the no-strike clause in the collective-bargaining agreement scrutinized. The case represents a victory for labor while leaving the employer in the precarious position of having "bargained for" no-strike clauses which are ineffective. The author delineates the extent of labor's victory and presents the options available for management.

Recommended Citation

Mark A. Ozzello Enjoining Politically Motivated Strikes in Federal Courts: The Jacksonville Bulk Terminals Case, 10 Pepp. L. Rev. Iss. 2 (1983)
Available at: https://digitalcommons.pepperdine.edu/plr/vol10/iss2/5