H & M Cake Box, Inc. v. Bakery and Confectionery Workers International Union of America, Local No. 45

After we remanded this case to the district court, 454 F.2d 716 (1st Cir. 1972), another judge, relying on intervening decisions of the Supreme Court and this circuit, granted summary judgment for the defendant union. The district court held that both the employer’s claim for damages for alleged violation of the no strike clause and its contention that the union had repudiated the collective bargaining agreement, or its arbitration provision, were issues for the arbitrator to decide. The court therefore dismissed the action brought by the company for damages for the union’s al leged violation…