Operations In Fiscal Year 1988 - National Labor Relations Board

172 Fifty-Third Annual Report of the National Labor Relations BoardFinally, in Pons & Davis, 26 a union brought suit pursuant toSection 301 of the Act to confirm an arbitration award obtainedthrough an interest arbitration provision in its expiring collectivebargainingcontract. The Board moved to intervene and to staythe district court proceedings pending resolution of an unfairlabor practice case raising the same issues involving the sameparties. In the unfair labor practice case, the General Counselhad alleged that, once an employer properly has withdrawn froma multiemployer bargaining unit, the union may no longer relyon an interest arbitration clause of the existing contract to forcethe employer to such arbitration against its will; nor may it lawfullyenforce such an arbitration award in a court proceeding.The court granted both Board motions, concluding that therewas a "quite real" potential for conflict in that the court mightaward damages for breach of an agreement that the Board subsequentlycould declare invalid."Fans & Davis v. Sheet Metal Workers Local 312, Civil No. 87C-1038W (D.Utah).