Lever Brothers Co. v. International Chemical Workers Union Local 217
United States Court of Appeals for the Fourth Circuit
554 F.2d 115 (1976)
- Written by Tammy Boggs, JD
Facts
Lever Brothers Company (Lever) (defendant) produced soap at a plant in Baltimore, Maryland. Lever’s employees belonged to the International Chemical Workers Union Local 217 (the union) (plaintiff). The parties had a collective-bargaining agreement under which the union was entitled to “due consideration” and “full information” before any “outside contracting” of unit work, but only two weeks’ notice if Lever effectuated an “elimination” of work. One day, Lever advised the union that, within weeks, Lever was permanently closing its Baltimore plant and transferring operations to Lever’s plant in Hammond, Indiana. Lever took the position that its action constituted an “elimination” of work under the collective-bargaining agreement, while the union posited that it was “outside contracting.” The dispute was subject to arbitration. The union sought injunctive relief in district court to prevent the plant transfer until arbitration could be completed per the parties’ contract. The court granted a preliminary injunction stopping the plant relocation pending arbitration. Lever appealed the court’s decision. Subsequently, the arbitrator found in favor of Lever, and the preliminary injunction expired.
Rule of Law
Issue
Holding and Reasoning (Hall, J.)
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