boys markets clerks union argued decided june petitioner company respondent union parties agreement containing provision controversies concerning interpretation application resolved arbitration work stoppage lockout picketing boycotts life contract dispute arose petitioner accede respondent demand strike called union began picket petitioner establishment petitioner effort invoke contract arbitration procedures unsuccessful sought injunctive relief state issued temporary restraining order union removed case federal district ordered arbitration enjoined strike picketing appeals reversed considering bound sinclair refining atkinson held act bars federal district enjoining strike breach clause agreement even though agreement contains binding arbitration provisions enforceable labor management relations act held circumstances case grievance subject arbitration agreement petitioner ready arbitration strike enjoined district concluded respondent violations clause causing petitioner irreparable injury act bar granting injunctive relief sinclair refining atkinson supra overruled pp doctrine stare decisis principle policy mechanical formula bar sinclair pp mere silence congress sinclair decided foreclose reconsideration decision pp arbitration important instrument federal policy resolving labor disputes refusal arbitrate abuse act aimed textile workers union lincoln mills pp holding avco aero lodge suits initially brought state courts removable federal courts decision conjunction sinclair effect ousting state courts jurisdiction cases injunctive relief sought breach obligation contravenes congressional purpose embodied supplement encroach upon jurisdiction state courts avco created anomalous situation urgently necessitating reconsideration sinclair pp congress intend removal procedure used foreclose completely injunctive remedies otherwise available state courts extending sinclair unacceptable resolution dilemma created sinclair avco substantially lessen employers incentive agree submit grievances arbitration exchange unions undertakings refrain striking totally eliminate contrary congressional intent injunction effective device enforce obligations pp literal terms act must accommodated subsequently enacted provisions labor management relations act purposes arbitration equitable remedies enforce essential congressional policy peacefully resolving labor disputes pp narrow holding case comports principles dissent sinclair supra adopts guidelines district courts determining whether grant injunctive relief pp joseph mclaughlin argued cause filed briefs petitioner kenneth schwartz argued cause respondent brief laurence steinsapir robert dohrmann briefs amici curiae filed william willcox lawrence cohen chamber commerce george fearon associated industries new york state john branch james pulm swann general electric carl gould stanley tobin piping employers council southern california harold elbert peabody coal albert woll laurence gold thomas harris american federation labor congress industrial organizations justice brennan delivered opinion case holding sinclair refining atkinson provisions act preclude federal district enjoining strike breach obligation agreement even though agreement contains provisions enforceable labor management relations act binding arbitration grievance dispute concerning strike called appeals ninth circuit considering bound sinclair reversed grant district central district california petitioner prayer injunctive relief granted certiorari concluded sinclair erroneously decided subsequent events undermined continuing validity overrule decision reverse judgment appeals february time incidents produced litigation petitioner respondent parties agreement provided inter alia controversies concerning interpretation application resolved adjustment arbitration procedures set forth therein life contract cessation stoppage work picketing boycotts dispute arose petitioner frozen foods supervisor certain members crew members bargaining unit began rearrange merchandise frozen food cases one petitioner supermarkets union representative insisted food cases stripped merchandise restocked union personnel petitioner accede union demand strike called union began picket petitioner establishment thereupon petitioner demanded union cease work stoppage picketing sought invoke grievance arbitration procedures specified contract following day since strike terminated petitioner filed complaint california superior seeking temporary restraining order preliminary permanent injunction specific performance contractual arbitration provision state issued temporary restraining order forbidding continuation strike also order show cause preliminary injunction granted shortly thereafter union removed case federal district made motion quash state temporary restraining order opposition petitioner moved order compelling arbitration enjoining continuation strike concluding dispute subject arbitration agreement strike violation contract district ordered parties arbitrate underlying dispute simultaneously enjoined strike picketing vicinity petitioner supermarket attempts union induce employees strike refuse perform services ii outset met respondent contention sinclair disturbed decision turned question statutory construction congress alter time since congress modified conclusions sinclair even though urged respondent argues principles stare decisis govern present case agree doctrine stare decisis bars sinclair circumstances case fully recognize important policy considerations militate favor continuity predictability law nevertheless justice frankfurter wrote tare decisis principle policy mechanical formula adherence latest decision however recent questionable adherence involves collision prior doctrine embracing scope intrinsically sounder verified experience helvering hallock see swift wickham precisely sinclair stands significant departure otherwise consistent emphasis upon congressional policy promote peaceful settlement labor disputes arbitration efforts accommodate harmonize policy underlying provisions act believe sinclair reconsidered furthermore light developments subsequent sinclair particular decision avco aero lodge become clear sinclair decision rather frustrates realization important goal national labor policy agree conclusive weight accorded failure congress respond sinclair theory congressional silence interpreted acceptance decision cautioned best treacherous find congressional silence alone adoption controlling rule law girouard therefore absence persuasive circumstances evidencing clear design congressional inaction taken acceptance sinclair mere silence congress sufficient reason refusing reconsider decision helvering hallock supra iii time textile workers union lincoln mills decided frequently found necessary consider various substantive procedural aspects federal labor contract law questions concerning application state federal courts lincoln mills held generally substantive law apply suits federal law courts must fashion policy national labor laws specifically union obtain specific performance employer promise arbitrate grievances rejected contention proscriptions act prohibited type relief nothing refusal arbitrate part parcel abuses act aimed act manifests policy determination arbitration encouraged see subsequently steelworkers trilogy emphasized importance arbitration instrument federal policy resolving disputes labor management cautioned lower courts usurping functions arbitrator serious questions remained however concerning role state courts play suits involving agreements confronted problems charles dowd box courtney held congress clearly intended disturb jurisdiction state courts suits violations agreements noted clear implication entire record congressional debates purpose conferring jurisdiction upon federal district courts displace supplement thoroughly considered jurisdiction courts various contracts made labor organizations subsequent decision sinclair held avco aero lodge supra suits initially brought state courts may removed designated federal forum federal question removal jurisdiction delineated holding however expressly left open questions whether state courts bound proscriptions act whether federal courts removal action required dissolve injunctive relief previously granted state courts see generally general electric local union cir dissolution state injunction required three justices concurred expressed view sinclair reconsidered upon appropriate future occasion stewart concurring decision avco viewed context lincoln mills progeny produced anomalous situation view makes urgent reconsideration sinclair principal practical effect avco sinclair taken together nothing less oust state courts jurisdiction suits injunctive relief sought breach obligation union defendants matter course obtain removal federal obviously compelling incentive order gain advantage strictures upon injunctive relief sinclair imposes federal courts sanctioning practice however wholly inconsistent conclusion dowd box congressional purpose embodied supplement encroach upon jurisdiction state courts ironic indeed provision congress clearly intended provide additional remedies breach agreements employed displace previously existing state remedies liberty thus depart clearly expressed congressional policy contrary hand extent widely disparate remedies theoretically remain available state opposed federal courts federal policy labor law uniformity elaborated lucas flour seriously offended policy course hardly require practical matter labor law administered identically courts undoubtedly certain diversity exists among state federal systems matters procedural remedial detail fact congress evidently took account deciding disturb traditional jurisdiction injunction however important remedial device particularly arbitration context availability various courts produce rampant forum shopping maneuvering one another also greatly frustrate relative uniformity enforcement arbitration agreements furthermore existing scheme injunction remedy technically available state courts rendered inefficacious removal device assigns removal proceedings totally unintended function underlying purposes congress providing federal question removal jurisdiction remain somewhat obscure never serious contention congress intended removal mechanism utilized foreclose completely remedies otherwise available state courts although federal question removal jurisdiction may well intended provide forum protection federal rights protection deemed necessary encourage development expertise federal courts interpretation federal law indication congress intended removal mechanism effect wholesale dislocation allocation judicial business state federal courts cf city greenwood peacock undoubtedly true foregoing objections remedied either overruling sinclair extending decision commentators suggested solution present unsatisfactory situation lie extension sinclair prohibition state proceedings agree chief justice traynor california whether congress deprive state courts power give injunctive remedies enforcing collective bargaining agreements attempted either act section mccarroll los angeles county dist council carpenters cal cert denied see american dredging marine local cir cert denied shaw electric additional reason resolving existing dilemma extending sinclair devastating implications enforceability arbitration agreements accompanying obligations equitable remedies available previously indicated obligation express implied quid pro quo undertaking employer submit grievance disputes process arbitration see textile workers union lincoln mills supra incentive employers enter arrangement necessarily dissipated principal expeditious method obligation enforced eliminated course true respondent contends avenues redress action damages remain open aggrieved employer award damages dispute settled substitute immediate halt illegal strike furthermore action damages prosecuted labor dispute tend aggravate industrial strife delay early resolution difficulties employer union even management encouraged unavailability injunction remedy resist arbitration agreements fact remains effectiveness agreements greatly reduced injunctive relief withheld indeed purpose arbitration procedures provide mechanism expeditious settlement industrial disputes without resort strikes lockouts measures basic purpose obviously largely undercut immediate effective remedy tactics arbitration designed obviate thus sinclair aftermath avco casts serious doubt upon effective enforcement vital element stable relations arbitration agreements attendant obligations conclude sinclair make viable contribution federal labor policy iv also determined dissenting opinion sinclair correct principles concerning accommodation necessary seemingly absolute terms act policy considerations underlying although need repeat said points emphasized time literal terms act must accommodated subsequently enacted provisions labor management relations act purposes arbitration statutory interpretation requires concentration upon isolated words rather consideration must given total corpus pertinent law policies inspired ostensibly inconsistent provisions see richards mastro plastics nlrb hutcheson act responsive situation totally different exists today early part century federal courts generally regarded allies management attempt prevent organization strengthening labor unions industrial struggle injunction became potent weapon wielded activities labor groups result large number sweeping decrees often issued ex parte drawn ad hoc basis without regard systematic elaboration national labor policy see drivers union lake valley congress attempted bring order industrial chaos developed correct abuses resulted interjection federal judiciary disputes behalf management see declaration public policy act stat congress therefore determined initially limit severely power federal courts issue injunctions case involving growing labor dispute stat even initially enacted however prohibition federal injunctions means absolute see act stat shortly thereafter congress passed wagner act designed curb various management activities tended discourage employee participation collective action labor organizations grew strength developed toward maturity congressional emphasis shifted protection nascent labor movement encouragement collective bargaining administrative techniques peaceful resolution industrial disputes shift emphasis accomplished however without extensive revision many older enactments including section act thus became task courts accommodate reconcile older statutes recent ones leading example accommodation process brotherhood railroad trainmen chicago river ind confronted peaceful strike violated statutory duty arbitrate imposed railway labor act concluded strike violation statutory arbitration duty type situation act responsive important federal policy involved peaceful settlement disputes statutorily mandated arbitration procedure important policy imperiled equitable remedies available implement hence policy nonintervention federal courts yield overriding interest successful implementation arbitration process principles elaborated chicago river equally applicable present case sure chicago river involved arbitration procedures established statute however frequently noted cases lincoln mills steelworkers trilogy lucas flour importance congress attached generally voluntary settlement labor disputes without resort particularly arbitration means end indeed stated lincoln mills exposition went long way towards making arbitration central institution administration collective bargaining contracts sinclair decision however seriously undermined effectiveness arbitration technique method peacefully resolve industrial disputes without resort strikes lockouts similar devices clearly employers wary assuming obligations arbitrate specifically enforceable similarly efficacious remedy available enforce concomitant undertaking union refrain striking hand central purpose act foster growth viability labor organizations hardly retarded anything goal advanced remedial device merely enforces obligation union freely undertook specifically enforceable agreement submit disputes arbitration conclude therefore unavailability equitable relief arbitration context presents serious impediment congressional policy favoring voluntary establishment mechanism peaceful resolution labor disputes core purpose act sacrificed limited use equitable remedies important policy consequently act bar granting injunctive relief circumstances instant case holding present case narrow one undermine vitality act deal situation contract contains mandatory grievance adjustment arbitration procedure follow said injunctive relief appropriate matter course every case strike arbitrable grievance dissenting opinion sinclair suggested following principles guidance district courts determining whether grant injunctive relief principles adopt district entertaining action may grant injunctive relief concerted activity unless decides case one injunction appropriate despite act strike sought enjoined grievance parties contractually bound arbitrate district may issue injunctive order first holds contract effect employer ordered arbitrate condition obtaining injunction strike beyond district must course consider whether issuance injunction warranted ordinary principles equity whether breaches occurring continue threatened committed whether caused cause irreparable injury employer whether employer suffer denial injunction union issuance emphasis original ordered justice stewart concurring sinclair refining atkinson decided subscribed opinion six years passed reached conclusion sinclair holding reconsidered said avco aero lodge concurring opinion today join concluding sinclair erroneously decided subsequent events undermined continuing validity circumstances temptation strong embark upon lengthy personal apologia since justice brennan clearly stated present views opinion today simply join opinion judgment aphorism justice frankfurter provides refuge wisdom often never comes one reject merely comes late henslee union planters bank dissenting opinion footnotes suits violation contracts employer labor organization representing employees industry affecting commerce defined chapter labor organizations may brought district jurisdiction parties without respect amount controversy without regard citizenship parties stat article xiv adjustment arbitration controversy dispute disagreement matters controversy dispute disagreement kind character existing parties arising way involving interpretation application terms agreement certain exceptions relevant instant case shall settled resolved procedures manner hereinafter set forth adjustment procedure arbitration matter satisfactorily settled resolved paragraph hereinabove shall submitted arbitration final determination upon written demand either party arbitrator board arbitration shall empowered hear determine matter question determination shall final binding upon parties subject rights law powers limitations reservations work stoppages matters subject procedures article shall settled resolved manner provided herein term agreement shall cessation stoppage work picketing boycotts except limitation shall binding upon either party hereto party refuses perform obligation article refuses fails abide accept perform decision award arbitrator board see report special committee labor relations law section proceedings hereinafter cited sinclair report see steelworkers america american mfg steelworkers america warrior gulf nav steelworkers america enterprise wheel car textile workers union lincoln mills see brotherhood railroad trainmen chicago river ind textile workers union lincoln mills supra cf graham brotherhood firemen see also hutcheson section provides restraining order injunctive relief shall granted complainant failed comply obligation imposed law involved labor dispute question failed make every reasonable effort settle dispute either negotiation aid available governmental machinery mediation voluntary arbitration see generally brotherhood railroad trainmen toledo peoria steelworkers america american mfg supra steelworkers america warrior gulf nav supra steelworkers america enterprise wheel car supra shortly sinclair decided erosive process began weaken underpinnings various authorities suggested methods mitigating absolute rigor sinclair rule example appeals fifth circuit held sinclair prevent federal district enforcing arbitrator order directing union terminate work stoppages violation clause new orleans steamship assn general longshore workers cert denied see pacific maritime assn international longshoremen supp cal see generally keene section clauses lincoln mills avco beyond vill rev section suits require neither existence diversity citizenship minimum jurisdictional amount controversy suits may removed pursuant view state jurisdiction disturbed perhaps clearly articulated senator ferguson spokesman provision senate debate ferguson president nothing whatever amendment takes away state courts present rights state courts adjudicate rights parties relation labor agreements amendment merely says federal courts shall jurisdiction attempt take away jurisdiction state courts mere fact senator disagree change effect amendment murray authorizes employers bring suit federal courts desire ferguson correct takes away jurisdiction state courts cong rec legislative history federal question removal provision meager suggested purpose original federal question jurisdiction enacted time judiciary act stat namely protect federal rights see hart wechsler federal courts federal system provide forum accurately interpret federal law see mishkin federal question district courts rev rev see bartosic injunctions section patchwork avco philadelphia marine fabric national labor policy rev dunau three problems labor arbitration rev true enacted little acts place various restrictions upon granting injunctions state courts labor disputes however many bar injunctive relief violations agreements jurisdictions significant prohibition equitable remedies breach obligations see bartosic supra keene supra nn held teamsters local lucas flour supra even absence express clause contract agreement certain disputes exclusively covered compulsory terminal arbitration gives rise implied promise union strike term contract response arbitrable disputes present case express clause contract see supra neutral members committee problems raised sinclair noted report existing laws employers may maintain action damages resulting strike breach contract may discipline employees involved many cases however neither alternatives feasible discharge strikers often inexpedient lack qualified replacements adverse effect relationships within plant damage remedy may also unsatisfactory employer losses often hard calculate employer may hesitate exacerbate relations union bringing damage action hence injunctive relief often effective means remedy breach pledge thus effectuate federal labor policy sinclair report scholarly criticism sinclair sharp appears almost universally recognized sinclair particularly avco produced untenable situation commentators divided however respect proposed solutions favoring reconsideration sinclair others suggesting extension sinclair still others recommending action area left congress see generally aaron strikes breach collective agreements unanswered questions rev aaron labor injunction reappraised rev bartosic supra dunau supra keene supra kiernan availability injunctions breaches agreements labor contracts albany rev wellington clause labor injunction time pitt rev wellington albert statutory interpretation political process comment sinclair atkinson yale see generally frankfurter greene labor injunction national labor relations act stat amended et seq wellington albert supra well stated neutral members sinclair committee proposal subject unions injunctive relief must take account act opposition expressed act issuing injunctions labor disputes nevertheless reasons behind act seem scarcely applicable situation strike violation agreement enjoined act passed primarily widespread dissatisfaction tendency judges enjoin concerted activities accordance doctrines tort law made lawfulness strike depend upon judicial views social economic policy citation omitted injunction used strike breach contract union subjected fashion judicially created limitations freedom action simply compelled comply limitations previously agreed moreover underlying dispute arbitrable union deprived practicable means pressing claim required submit dispute impartial tribunal agreed establish purpose sinclair report justice black dissenting congress enacted act exceptions relevant specifically prohibited federal courts broadest comprehensive language issuing injunctions temporary permanent participation labor dispute subsequently congress gave jurisdiction federal courts uits violation contracts employer labor organization although subsection act explicitly waives diversity requirements federal jurisdiction says nothing granting injunctions eight years ago considered relation two statutes full briefing argument relying language history acts decided congress wish later statute impair way explicit prohibition injunctions labor disputes sinclair refining atkinson although congress urged overrule holding sinclair steadfastly refused nothing language history two acts changed nothing changed fact except membership personal views one justice remain opinion sinclair correctly decided moreover prohibition act close heart entire federal system labor regulation view sinclair control disposition case even majority correct however saying sinclair misinterpreted acts compelled dissent believe making changing laws affect substantial rights people primarily congress especially laws involved focus strongly held views powerful antagonistic political economic interests function application interpretation laws must carefully limited avoid encroaching power congress determine policies make laws carry implies doctrine called stare decisis rests solely important policy considerations favor continuity predictability law tell whole story considerations present field delicate labor relations extremely important justice brandeis said dissenting burnet coronado oil gas stare decisis usually wise policy matters important applicable rule law settled settled right interpreting statute however additional factor must weighed balance deference owes primary responsibility legislature making laws course first interprets statute statute becomes said see gulf moser initial interpretation proper unavoidable system courts task applying general statutes multitude situations cardozo nature judicial process undertakes task interpretation however special ability fathom intent congress rather interpretation unavoidable decision case law settled earlier case subsequent reinterpretation statute gratuitous neither less amendment different effect judicial alteration language congress placed statute altering important provisions statute legislative function constitution simply unequivocally legislative powers herein granted shall vested congress const art congress responds pressures political groups pressures entirely proper free society congress capacity investigate divergent considerations involved management complex national labor policy congress elected people therefore interject little possible process given view meaning statute task concluded absent extraordinary circumstances changes mind years later simply judges changed judgment takes upon function legislature legislative effect reversal especially clear sinclair invited congress act displeased judicial interpretation statute said strong arguments made us highly desirable act changed public interest congress might see fit change law repeal provisions act insofar suits violation collective agreements concerned house bill consideration originally provided might hand decide injunctions necessary whole idea enforcement agreements private suits discarded favor enforcement administrative machinery labor board senator taft provided senate bill might decide neither methods entirely satisfactory turn instead completely new approach question change made existing law one legislative policy properly within exclusive domain congress question lawmakers law interpreters believe principle stare decisis forecloses reconsiderations earlier decisions area constitutional law example alternative action laborious process constitutional amendment ultimate responsibility rests believe reconsideration always proper see james separate opinion black even statutory questions appearance new facts changes circumstances might warrant past decisions exceptional cases exceptional circumstances present situation circumstances congress taken action inconsistent decision sinclair girouard although bills introduced cf helvering hallock congress declined invitation act subsequent event point decision avco aero lodge must recognize holding avco way inconsistent sinclair said avco supra nature relief available jurisdiction attaches course different question whether jurisdiction adjudicate controversy contends however result two cases taken together anomalous situation clauses become unenforceable state courts inconsistent important goal national labor policy avco make effort enforce clause state removable federal follow clause unenforceable damages may awarded union may forced arbitrate employer may engage techniques less effective injunction doubtless true harshness effectiveness injunctive relief opposition government injunction precise reasons congressional prohibition act effect avco decision indeed highlight limited remedial powers federal courts congress unhappy powers defined congress may act members majority simply decided sensitive realization important goal national labor policy congress predecessors correct interpretation act even goals national labor policy less important proper division functions branches federal government well remember words john adams written declaration rights constitution commonwealth massachusetts judicial department shall never exercise legislative executive powers either end may government laws men justice white dissents reasons stated majority opinion sinclair refining atkinson members drawn distinction constitutional statutory matters indicated correction errors statutory interpretation best left congress example justice douglas noted dissent swift wickham error interpreting federal statute may easily remedied failed perceive intention congress interpreted statute manner thwart legislative purpose congress may change lessons experience learned judges alone see also gas improvement continental oil douglas dissenting apparently however members willing give greater weight stare decisis constitutional statutory matters see orozco texas harlan concurring