Consolidation Coal Company v. United Mine Workers of America, Local 1261

HOLLOWAY, Circuit Judge.

The questions for decision in this case are whether a local union may be held liable for damages from an unauthorized or “wildcat” strike that resulted from the “mass action” of the local membership but which was not instigated or condoned by local union officers, and whether the local union may be held liable for failing to use its “best efforts” to prevent or terminate the strike, as a violation of an obligation arising from an implied no-strike obligation.

I

As noted in the district court’s opinion, Consolidation Coal Co. v. International Union, United Mine Workers of…