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Operating Engineers v. Flair Builders, Inc., 406 U.S. 487 (1972)
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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.
Operating Engineers v. Flair Builders, Inc., 406 U.S. 487 (1972)
International Union of Operating Engineers, Local 150, AFL-CIO v. Flair Builders, Inc., No. 71-41 Argued April 10, 1972 Decided May 30, 1972 406 U.S. 487
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
Petitioner union brought an action in June, 1968, seeking damages and injunctive relief for respondent’s alleged breach of their collective bargaining agreement, charging that respondent had "continually violated" the contract since June, 1966, by refusing to abide by any of its terms. The agreement provided for arbitration "of any difference . . . which cannot be settled . . . within 48 hours of the occurrence." The District Court held that respondent "was bound by the memorandum agreement to arbitrate labor disputes within the limits of the arbitration clause," but found the union guilty of laches, and dismissed the action. The Court of Appeals affirmed.
Held: As the District Court found, the parties did agree to arbitrate and, the existence and scope of an arbitration clause being matters for judicial decision, the phrase "any difference" encompasses the issue of laches within the broad sweep of its arbitration coverage. Pp. 490-492.
440 F.2d 557, reversed.
BRENNAN, J., delivered the opinion of the Court, in which DOUGLAS, STEWART, WHITE, MARSHALL, BLACKMUN, and REHNQUIST, JJ., joined. POWELL, J., filed a dissenting opinion, in which BURGER, C.J., joined, post, p. 492.
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Chicago: U.S. Supreme Court, "Syllabus," Operating Engineers v. Flair Builders, Inc., 406 U.S. 487 (1972) in 406 U.S. 487 406 U.S. 488. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=TN4UG2ZLK8CGCRD.
MLA: U.S. Supreme Court. "Syllabus." Operating Engineers v. Flair Builders, Inc., 406 U.S. 487 (1972), in 406 U.S. 487, page 406 U.S. 488. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TN4UG2ZLK8CGCRD.
Harvard: U.S. Supreme Court, 'Syllabus' in Operating Engineers v. Flair Builders, Inc., 406 U.S. 487 (1972). cited in 1972, 406 U.S. 487, pp.406 U.S. 488. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=TN4UG2ZLK8CGCRD.
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