Holding that Section 301 gives a federal court jurisdiction over a suit to enforce an arbitration clause in a collective bargaining agreement even if the case is "truly a representation case" that could also be heard by the NLRB under Section 9 of the NLRA
In New Orleans arbitration was permitted to proceed so there would be an expeditious resolution of the dispute in the event the Section 10(k) hearing could not resolve it. Here the Board approved a "voluntary adjustment" because it believed it settled the entire dispute and made a Section 10(k) hearing unnecessary.
In N.L.R.B. v. International Ass'n of Bridge, Etc., 549 F.2d at 641, we enforced an order of the N.L.R.B. based on the N.L. R.B. finding that an employer was not bound by a jurisdictional decision of the AFL-CIO dispute board because the employer had not expressly consented to be bound and had not participated in the submission of the dispute to that body.
In Dock Loaders, the court held that the dicta in Carey command respect, and in view of such language it ruled that the Labor Board's decision awarding the disputed work to Teamsters barred the recovery of damages in the § 301 case under the arbitrator's award.