CA1: Boys Market injunction went too far

Otis Elevator v. International Union of Elevator Constructors, Local 4, Nos. 04-1933,  04-2047, is an interlocutory appeal from a labor dispute.  The Union and the company are in a dispute about whether the company can use a crane.  Union says it can’t.  Company says it always has, and the collective bargaining agreement doesn’t prevent it.  After a work stoppage, the District Court issued a “Boys Market injunction” requiring arbitration according to the terms of the collective bargaining agreement, of all of the issues, even though Otis claimed that the injunction was beyond the scope of the agreement.  On appeal, the court held that the District Court’s injunction did too much, and required the parties to submit to arbitration that wasn’t in the collective bargaining agreement.  In particular, it held that the agreement did not prohibit Otis from: 1) “from requesting further equitable relief from the court unless Otis first extends an offer to Local 4 to arbitrate the dispute pursuant to a procedure other than the one outlined in the Agreement; or 2) restraining Otis from taking action against employees engaged in strike activity in violation of the no-strike clause.