In Buffalo Forge Co. v. United Steelworkers, the Supreme Court ruled that federal courts may enjoin sympathy work stoppages after, but not before, an arbitrator determines that the strike or picket line respect violates a no-strike obligation in the governing collective bargaining agreement. Professor Smith finds the concerns that prompted the Court to restrict the availability of Boys Markets labor injunctions in this manner largely unfounded, given the possibility of enjoining the strike and ordering the controversy over the scope of the no-strike clause submitted to expedited arbitration. This alternative remedy would enhance respect for the collective bargaining agreement, satisfy the conditions for equitable intervention, and avoid the need for judicial construction of obscure National Labor Relations Board law concerning the protected status of sympathy strikes.
Smith, Arthur B. Jr.
"The Supreme Court, Boys Markets Labor Injunctions, and Sympathy Work Stoppages,"
University of Chicago Law Review: Vol. 44
, Article 3.
Available at: https://chicagounbound.uchicago.edu/uclrev/vol44/iss2/3