There are many mechanisms short of industrial action which labor unions and employers use to resolve disputes. Anticipating conflict, but aiming to avoid industrial action, the two parties might place an arbitration agreement or other mandatory grievance adjustment procedure into their collective bargaining agreement. This agreement will reflect the parties' understanding as to how disputes are to be resolved. This Note examines the limited circumstances in which the federal courts will enjoin union protest activity carried out in violation of a collective bargaining agreement's provisions regarding dispute resolution. It focuses on the analytic inconsistency of the judicial refusal to enjoin union activities carried out in violation of a collective bargaining agreement during the pendency of a mandatory dispute resolution procedure other than arbitration.
Mark Riley Kroeker,
Union Walks in the Sixth: The Integrity of Mandatory Non-Binding Grievance Procedures in Collective Bargaining Agreements - AT & (and) T v. Communications Workers of America, AFL-CIO, The,
1994 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1994/iss2/6