Excavation Constr., Inc. v. Carpenters' Dist. Council of Washington, D. C. & Vicinity, 519 F.2d 814 (4th Cir. 1975). · Go Syfert
Excavation Constr., Inc. v. Carpenters' Dist. Council of Washington, D. C. & Vicinity, 519 F.2d 814 (4th Cir. 1975). Cases Citing This Book View Copy Cite
“principally and substantially”
3 citation events across 2 distinct courts.
Strongest positive: Mellon Bank, N. A., a National Banking Association, International Systems & Controls Corporation, a Corporation v. Pritchard-Keang Nam Corporation, Delaware, a Corporation and the Pritchard Corporation, a Corporation and Robert D. Schaff, Mellon Bank, N.A., a National Banking Association International Systems & Controls Corporation, a Corporation v. Pritchard-Keang Nam Corporation, Delaware, a Corporation and the Pritchard Corporation, a Corporation and Robert D. Schaff (ca8, 1981-06-01)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Mellon Bank v. Pritchard-Keang Nam Corp.
8th Cir. · 1981 · quote attribution · 1 verbatim quote · confidence high
principally and substantially
Retrieving the full opinion text from the archive…
EXCAVATION CONSTRUCTION, INC., Appellant,
v.
CARPENTERS’ DISTRICT COUNCIL OF WASHINGTON, D. C. AND VICINITY, Et Al., Appellees
75-1023.
Court of Appeals for the Fourth Circuit.
Jun 11, 1975.
519 F.2d 814
Cosimo C. Abato, Baltimore, Md. (Anthony A. Abato, Jr., Abato & Abato, Baltimore, Md., and Alan D. Eisenberg, Arlington, Va., on brief), for appellees., Donald W. Savelson, Peter Chatilovicz, Washington, D. C. (Allen G. Siegel, Ar-ent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., on brief), for appellant.
Winter, Craven, Butzner.
Cited by 3 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #36,250 of 633,719
Citer courts: Eighth Circuit (2)
PER CURIAM:

The district court stayed proceedings in the employer’s suit for money damages and equitable relief against the union because of an allegedly unauthorized strike, and directed the parties to resort to arbitration.

We agree with the district court that whether the dispute between the employer and the union was covered by Article IV of the Collective Bargaining Agreement, i. e., whether it was one involving the assignment of work where the union had no right to strike, or whether it was a dispute within the exceptions to the no-strike agreement contained in Article XIII, is far from clear. As a result, the dispute raises a question of the interpretation of the Collective Bargaining Agreement which the parties agreed by Article XIII to resolve by arbitration. We note that the union recognizes that if it had no right to strike, an Article XIII arbitrator could assess damages against it. We therefore affirm the order of the district court staying the employer’s suit for money damages and accompanying equitable relief until such time as arbitration under Article XIII of the Collective Bargaining Agreement has been carried to completion.

Because we view the company’s suit as one principally and substantially[*815] for money damages, we think that the district court’s order staying the law suit pending arbitration was an appealable one. Chapman v. International Ladies’ Garment Workers’ Union, 401 F.2d 626 (4 Cir. 1968). We deny the union’s motion to dismiss the appeal.

Affirmed; motion to dismiss denied.