August 26, 1976
MILLAR ELEVATOR INDUSTRIES, INC., PLAINTIFF-APPELLANT
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 3, ET AL., DEFENDANTS-APPELLEES.
Author: Van Graafeiland
Before VAN GRAAFEILAND, Circuit Judge, KELLEHER*fn* and GAGLIARDI,*fn* District Judges.
VAN GRAAFEILAND, C.J.: This cause came on to be heard on the transcript of record from the United States District Court for the Eastern District of New York, and was argued by counsel.
This is another of those unfortunate cases where an employer finds himself in the middle of a dispute between two unions. The District Court denied appellant's motion for a temporary injunction restraining the members of appellee union from refusing to perform work assignments and compelling them to submit the issue of contract interpretation to arbitration, because he found that the dispute between appellant and its employees was not "sufficiently arguably arbitrable" to warrant injunctive relief.
We believe the District Court properly refused to order the union to arbitrate the issues between its members and the employer, because this, in effect, would rewrite the terms of the contract which provide in substance that grievance proceedings shall be employee oriented. Avco Corp. v. Local 787 UAW, 459 F.2d 968, 972-73 (3d Cir. 1972). We need not reach the further question of arbitrability since we find insufficient proof of irreparable harm to appellant to justify any injunctive relief.
The order and judgment appealed from are affirmed.