In The
Supreme Court of the United States

Jacksonville Bulk TerminalsInc.v.International Longshoremen's Association

Decided June 24, 1982
Justice O’Connor, Concurrence

CASE DETAILS

Topic: Unions
Court vote: 6-3

Note: No other Justices joined this opinion.

Citation: 457 U.S. 702
Docket: 80-1045
Audio: Listen to this case's oral arguments at Oyez

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Opinion

JUSTICE O'CONNOR, concurring in the judgment.

Based on the legislative history of the Norris-La Guardia Act, 29 U.S.C. § 101 et seq., and our previous cases interpreting it, e.g., New Negro Alliance v. Sanitary Grocery Co., 303 U. S. 552 (1938), the Court correctly concludes that this case involves a labor dispute within the meaning of § 4 of the Act, 29 U.S.C. § 104. The Court also correctly determines that, under Buffalo Forge Co. v. Steelworkers, 428 U. S. 397 (1976), no injunction may issue pending arbitration because the underlying political dispute is not arbitrable under the collective bargaining agreement. Unless the Court is willing to overrule Buffalo Forge, the conclusion reached by the Court in this case is inescapable. Therefore, I concur in the judgment.