UNITED MINE WORKERS v. MCGUIRE SHAFT & TUNNEL CORP.
412 U.S. 958

Annotate this Case

U.S. Supreme Court

UNITED MINE WORKERS v. MCGUIRE SHAFT & TUNNEL CORP. , 412 U.S. 958 (1973)

412 U.S. 958

LOCAL UNION NO. 1791, UNITED MINE WORKERS OF AMERICA, et al.,
v.
McGUIRE SHAFT AND TUNNEL CORPORATION et al.
No. 72-1409.

Supreme Court of the United States

June 18, 1973

On petition for writ of certiorari to the Temporary Emergency Court of Appeals of the United States.

The petition for a writ of certiorari is denied.

Mr. Justice DOUGLAS, dissenting.

We are asked to review a decision of the Temporary Emergency Court of Appeals holding that 210(a) of the Economic Stabilization Act of 1970,1 84 Stat. 799, as amended, 85 Stat. 743, overrides the anti-injunction provisions of

Page 412 U.S. 958 , 959

the Norris-LaGuardia Act,2 29 U.S.C. 101 et seq., permitting a district court to enjoin a work stoppage in violation of regulations of the Pay Board.

On January 14, 1972, respondent construction companies entered into a collective bargaining agreement with the United Mine Workers of American providing for a wage increase in excess of 18%. In accordance with the Economic Stabilization Act, this agreement was submitted to the Pay Board for approval, but the Board authorized an increase of only 9.54%. Subsequently, employees of the construction companies, members of three different locals of the United Mine Workers went out on strike in support of their demand for a wage increase as provided by the agreement. Pickets soon appeared at five coal mines operated by two other respondents, and the miners honored the picket lines.

The four employers affected by the work stoppages immediately sought preliminary injunctions from the District Court. The District Court issued the injunctions, and the Temporary Emergency Court of Appeal affirmed. [Footnote 3] It determined that the work stoppages constituted a violation of 1(a) of Executive [412 U.S. 958 , 960]


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