The underlying dispute in this case arose when Waller Brothers, which operates a stone quarry engaged in removing and processing stone and packing the stone in boxes for shipment, purchased an “Instapak” machine, which sprays protective padding around the stone being packed for shipment. Before the purchase of the Instapak, the stone was packed with strips of synthetic material as padding. Employees called “craters” pack the stone for shipment.

The union claims that it was entitled to negotiate a new wage rate for an Instapak machine operator, whereas the company maintains that the operation of the machine is only a function of the crater job classification, which is subject to a previously negotiated wage rate. The company takes the position that both the no-strike clause and the provision for mandatory grievance arbitration contained in the collective bargaining agreement apply to this dispute. The union for its part relies on the portion of the contract that provides that wage rates are not subject to arbitration and that the union expressly reserves the right to strike in the event of a disagreement on wages.

If the union calls a strike and the company goes into court seeking a Boys Markets injunction, should the court grant or deny it? See Waller Bros.

Stone Co. v. District 23 [620 F.2d 132 (6th Cir.

1980)].