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John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543 (1964)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543 (1964)
John Wiley & Sons, Inc. v. Livingston No. 91 Argued January 9, 13, 1964 Decided March 30, 1964 376 U.S. 543
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Respondent labor union brought an action under § 301 of the Labor Management Relations Act to compel arbitration under a collective bargaining agreement executed by a company which the petitioner acquired by merger. The District Court denied relief, but the Court of Appeals reversed and directed arbitration.
Held:
1. The courts determine whether arbitration is required, based on the agreement. Atkinson v. Sinclair Refining Co., 370 U.S. 238, followed. Pp. 546-547.
2. The substantive law which controls suits under § 301 of the Act is federal law. Textile Workers Union v. Lincoln Mills, 353 U.S. 448, followed. P. 548.
3. Rights of employees under a collective bargaining agreement are not automatically lost by the disappearance by merger of the employer, and, in appropriate circumstances, the successor employer may be required to arbitrate under the contract. P. 548.
4. Arbitration has a key role in effectuating national labor policy, and when there is substantial continuity of identity in the business enterprise and a clear assertion by the union of rights under the agreement, the duty to arbitrate survives the merger. Pp. 549-551.
5. Procedural questions growing out of a dispute and bearing on its disposition are to be determined by the arbitrator. Pp. 555-559.
313 F.2d 52, affirmed, in part on other grounds.
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Chicago: U.S. Supreme Court, "Syllabus," John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543 (1964) in 376 U.S. 543 376 U.S. 544. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=2N1Q36NSV997QB8.
MLA: U.S. Supreme Court. "Syllabus." John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543 (1964), in 376 U.S. 543, page 376 U.S. 544. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2N1Q36NSV997QB8.
Harvard: U.S. Supreme Court, 'Syllabus' in John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543 (1964). cited in 1964, 376 U.S. 543, pp.376 U.S. 544. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=2N1Q36NSV997QB8.
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