Appeal from the United States District Court for the Eastern District of Wisconsin, Robert W. Warren, Judge.
Hastings, Senior Circuit Judge, Swygert, Circuit Judge, and Perry, Senior District Judge.*fn*
PERRY, Senior District Judge.
This action was brought by Teledyne Wisconsin Motor (hereinafter "Teledyne") to enjoin an alleged concerted refusal of certain of its employees to work overtime hours and to require that defendants resolve any dispute concerning overtime in the manner set forth in the grievance and arbitration provisions of the collective bargaining agreement between Teledyne and the defendant union. After due consideration of the pleadings and briefs and hearing oral argument, the District Court found and concluded, inter alia, that the provisions of the Norris-LaGuardia Act were controlling, that no exception thereto had been established by Teledyne, that it had no jurisdiction to grant the injunctive relief requested, and that it should deny the plea for compelled arbitration. Accordingly, the case was ordered dismissed. Teledyne appealed. We affirm the dismissal.
On appeal the parties agree that the relevant facts of the case are as set forth in the District Court's memorandum opinion. See 386 F. Supp. 1231 at 1233-1234. We adopt the following summary by the District Court of the factual background.
This suit is brought by an employer, Teledyne Wisconsin Motor (hereinafter "Teledyne"), in an attempt to resolve a labor dispute concerning a refusal of certain of its production employees to work overtime hours. The employees at issue are members of Local 283, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (hereinafter "the union"); the union is a party defendant in this action.
This Court's jurisdiction over the subject matter of the controversy is alleged to exist by virtue of the provisions of § 301 of the Labor Management Relations Act, 29 U.S.C. § 185; in view of the provisions of § 4(a) of the Norris-LaGuardia Act, 29 U.S.C. § 104(a), whether the Court has jurisdiction to provide the injunctive relief requested is one of the material questions of law that have been argued by the parties.
This lawsuit represents but one aspect of what appears to be a continuing struggle between the union and Teledyne to establish the nature of the arbitration procedures that are required under the collective bargaining agreements that have come into effect between them. The material facts giving rise to this particular suit are relatively few in number and are not substantially disputed.
The most recent collective bargaining agreement (hereinafter "the agreement") was executed in May of 1974 and has been in effect between the parties at all times material to this action; it includes some provisions for arbitration of disputes that arise between the parties, but it does not contain a " no-strike" clause to prohibit the union from engaging in work stoppage to press for concessions from the employer.
The plaintiff Teledyne is a manufacturer in the business of producing piston engines and employs members of the union to fill its requirements for both maintenance and production labor. For some time prior to November, 1974, Teledyne had been in the practice of regularly scheduling overtime hours for the employees represented by the union and had come to rely upon such overtime work in estimating production capacities; commitments for the sale and delivery of their product are based on an assumption that overtime help will be available from production and maintenance personnel.
The union has traditionally recognized this need for overtime assistance and maintains no general policy in opposition to either regularly scheduled or sporadic overtime work. The May, 1974, agreement states at paragraph 20.E.:
"E. It shall not be compulsory for any individual employee to work overtime. However, this provision may not be used by any department or group of employees to prevent the scheduling of a work week beyond forty (40) hours. Employees who are scheduled to work overtime and who chose [sic] not to work shall, whenever reasonably possible, advise their Foreman in advance of their not working."
The union takes a different position in regard to overtime labor by other than maintenance personnel when some of its members have been placed on layoff status by the employer. In this circumstance, other provisions of the agreement become relevant. At paragraph 46.A. the agreement states that:
"46. A. No employee shall regularly work more than forty (40) hours per week before all employees on the seniority list are re-employed. Maintenance work that cannot be performed during normal working hours, may be done on overtime hours."
It is this clause that has engendered the dispute here at issue; its provisions have come into question because, due to a severe reduction in the number of orders for its engines, Teledyne has been in the process of reducing its production output and has found it necessary to lay off certain of its employees that are represented by the union. On November 12, 1974, six union members were laid ...