Legal Opinion
Ice Cream Drivers & Employees Union Local 757 v. Borden, Inc.
Court of Appeals for the Second Circuit
Decided October 26, 1970No. Nos. 151-152, Dockets 35032, 35101PublishedCited by 5 opinions
1Opinion of the Court
MOORE, Circuit Judge:
This is an appeal by defendant Borden, Inc. (Borden) from an order of the District Court directing the parties to proceed to arbitration. Plaintiff Ice Cream Drivers and Employees Union Local 757, 312 F.Supp. 549 (“the Union”) cross appeals from the portion of the order which defined the issue to be arbitrated.
Borden’s appeal is based primarily upon its contentions that (1) there were issues of fact not to be resolved upon a motion for summary judgment and (2) that the Union’s violation of a no-strike clause in its labor agreement precluded it from arbitration so long as…
2Cases cited5 opinions
- Boys Markets, Inc. v. Retail Clerks Union, Local 770Supreme Court of the United States · 1970
- Sinclair Refining Co. v. AtkinsonSupreme Court of the United States · 1962
- Drake Bakeries Inc. v. Local 50, American Bakery & Confectionery Workers InternationalSupreme Court of the United States · 1962
- Local Union No. 721, United Packinghouse, Food & Allied Workers v. Needham Packing Co.Supreme Court of the United States · 1964
- Ice Cream Drivers & Employees Union Local 757 v. Borden, Inc.District Court, S.D. New York · 1970
3Cited by5 opinions
- Emery Air Freight Corp. v. Local Union 295Court of Appeals for the Second Circuit · 1986
- Mulvaney Mechanical, Inc. v. Sheet Metal Workers International Association, Local 38Court of Appeals for the Second Circuit · 2002
- Commonwealth Oil Refining Co. v. Union Independiente de la Industria de Petroquimicas de Puerto RicoDistrict Court, D. Puerto Rico · 1977
- Emery Air Freight Corporation v. Local Union 295Court of Appeals for the Second Circuit · 1986
- Ice Cream Drivers And Employees Union Local 757 v. Borden, Inc.Court of Appeals for the Second Circuit · 1970