U.S. Court of Appeals for the Fifth Circuit, 1959

International Union of Operating Engineers, Local No. 715, Afl-Cio v. Gulf Oil Corporation

U.S. Court of Appeals for the Fifth Circuit · Decided January 27, 1959 · Hutcheson, Cameron, Wisdom

262 F.2d 80 (Federal Reporter, Second Series)

Counsel

Sam Houston Clinton, Jr., Austin, Tex., for appellant., David W. Stephens, Robert O. Fagg, Fort Worth, Tex., David T. Searls, Pittsburgh, Pa., of counsel, for appellee.

Cases that cite this one

2 later published cases cite this decision.

Gulf Oil Corporation v. International Union of Operating Engineers, Local No. 715, Afl-Cio (5th Cir. 1960)
Retail Shoe & Textile Salesmen's Union, Local 410 v. Sears, Roebuck & Co. (United States District Court for the Northern District of California 1960)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Alleging the existence of an agreement for arbitration, appellant, plaintiff below, brought this suit to compel arbitration of what was known to the parties as the Cantner grievance.

The district judge dismissed the suit on the motion of the defendant, that the court was without jurisdiction because the matters involved in the suit were within the exclusive jurisdiction of the National Labor Relations Board.

Appellant is here insisting that the judgment is contrary to the decision of this court in Lodge No. 12, District No. 37, International Association of Machinists v. Cameron Iron Works, Inc., 5 Cir., 257 F.2d 467, and the cases cited in notes thereto. Cf. Item Co. v. New Orleans Newspaper Guild, 5 Cir., 256 F.2d 855.

We agree that this is so. The judgment is therefore reversed and the cause is remanded for further and not inconsistent proceedings.

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