Foam and Plastics Division v. General Drivers and Helpers Local Union 401 by United States Court of Appeals for the Third Circuit

Foam and Plastics Division v. General Drivers and Helpers Local Union 401

By United States Court of Appeals for the Third Circuit

  • Release Date: 1975-08-18
  • Category: Law

Brief Description

Opinion OF THE COURT BIGGS, Circuit Judge. The appellee, Foam and Plastics Division, Tenneco Chemicals, Inc. (Tenneco), brought suit, basing jurisdiction upon Section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185, against the appellant, General Drivers and Helpers Local Union 401, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Local 401), seeking to enjoin both preliminarily and permanently Local 401, its officers and members, from engaging in an alleged illegal work stoppage at Tenneco's Hazelton, Pennsylvania plant. Tenneco also requested that Local 401 be directed to utilize the grievance and arbitration procedure in the collective bargaining agreement between the parties for the resolution of any grievance dispute, and that compensatory damages be awarded Tenneco. The court below found there had been a breach of the collective bargaining agreement and an illegal strike and granted Tenneco damages. The court refused, however, to grant a temporary or permanent injunction against the Union because the work stoppage lasted for only one shift and had not recurred. Local 401 has appealed from the court's decision, but Tenneco has not appealed from the failure to grant injunctive relief.

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