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United States Steel Corp. v. United Mine Workers of America

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


May 20, 1976

UNITED STATES STEEL CORPORATION, APPELLEE
v.
UNITED MINE WORKERS OF AMERICA, DISTRICT 5 ET AL., APPELLANTS

534 F.2d 1063.

Seitz, Chief Judge, Van Dusen, Aldisert, Adams, Gibbons, Rosenn, Hunter, Weis and Garth, Circuit Judges.

Author: Per Curiam

We have before us a petition by the defendant unions for rehearing in banc. The issues involved in this case are exceptionally important and controversial. On some of them the panel members divided three ways, and the several courts of appeals which have considered these issues have divided at least three ways as well.*fn1 Clearly, the subject matter is such that in banc consideration ordinarily would be appropriate. Whatever this court sitting in banc decided, however, the difference among the circuits would remain with respect to the application of the federal law of labor arbitration to the same national labor contract. Only the Supreme Court is in position to resolve this conflict. A petition for certiorari has already been filed seeking review of the decision of the Fifth Circuit in United States Steel Corp. v. United Mine Workers of America, 519 F.2d 1236 (5th Cir. 1975), cert. denied, 428 U.S. 910, 96 S. Ct. 3221, 49 L. Ed. 2d 1217 (1976). If certiorari should be granted in that case, the Supreme Court should be in a position to simultaneously consider this case involving the same collective bargaining agreement. Rehearing in banc might prevent and certainly would delay such consideration. The issue of injunctive relief with respect to future violations of implied no strike agreements is of such importance that we prefer to take no step that might delay a petition for certiorari.

The petition for rehearing in banc will be denied.


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