1. In a suit by a union under § 301(a) of the Labor Management
Relations Act of 1947, a Federal District Court has authority to
compel compliance by an employer with an agreement to arbitrate
disputes arising under a collective bargaining agreement with the
union.
Textile Workers v. Lincoln Mills, ante, p.
353 U. S. 448. Pp.
353 U. S.
550-552.
2. A decree under § 301(a) ordering enforcement of an
arbitration provision in a collective bargaining agreement is a
"final decision" within the meaning of 28 U.S.C. § 1291, and is
appealable. Pp.
353 U. S.
551-552.
233 F.2d 104 affirmed.
MR. JUSTICE DOUGLAS delivered the opinion of the Court.
This case, a companion case to No. 211,
Textile Workers
Union of America v. Lincoln Mills of Alabama, ante, p.
353 U. S. 448, was
brought by respondent union in the District Court to compel
specific performance
Page 353 U. S. 551
of a grievance arbitration provision of a collective bargaining
agreement between it and petitioner. The controversy arose over the
layoff of employees incident to a curtailment of production and a
liquidation of the plants in question. Petitioner terminated the
employment of the men who were laid off. The respondent protested
the termination of employment, claiming that the men should not
have been discharged, thus preserving certain accrued rights to
fringe benefits (such as insurance, pensions, and vacations)
payable to laid-off employees.
The District Court granted specific performance.
131 F.
Supp. 767. The Court of Appeals affirmed, 233 F.2d 104, relying
on its prior decision in
General Electric Co. v. United
Electrical Workers, 353 U. S. 547. For
the reasons given in No. 211,
Textile Workers Union of America
v. Lincoln Mills of Alabama, ante, p.
353 U. S. 448, we
think the Court of Appeals was correct in affirming the District
Court's judgment ordering enforcement of the agreement to
arbitrate.
There remains the question whether an order directing
arbitration is appealable. This case is not comparable to
Baltimore Contractors v. Bodinger, 348 U.
S. 176, which held that a stay pending arbitration was
not a "final decision" within the meaning of 28 U.S.C. § 1291. Nor
need we consider cases like
In re Pahlberg Petition, 131
F.2d 968, and
Schoenamsgruber v. Hamburg Line,
294 U. S. 454,
holding that an order directing arbitration under the United States
Arbitration Act is not appealable. The right enforced here is one
arising under § 301(a) of the Labor Management Relations Act of
1947. Arbitration is not merely a step in judicial enforcement of a
claim, nor auxiliary to a main proceeding, but the full relief
sought. A decree under §301(a) ordering enforcement of an
Page 353 U. S. 552
arbitration provision in a collective bargaining agreement is
therefore a "final decision" within the meaning of 28 U.S.C. §
1291.
Affirmed.
MR. JUSTICE BURTON, whom MR. JUSTICE HARLAN joins, concurs in
the result in this case for the reasons set forth in his
concurrence in No. 211,
Textile Workers Union of America v.
Lincoln Mills of Alabama, ante, p.
353 U. S.
459.
MR. JUSTICE BLACK took no part in the consideration or decision
of this case.
[For dissenting opinion of MR. JUSTICE FRANKFURTER,
see
ante, p.
353 U. S.
460.]