Boys Markets Circuit Court Standards Chart

Summary

This chart provides an overview of the standards that courts in each federal circuit apply when determining whether to enjoin strike activity alleged to violate a collective bargaining agreement’s (CBA) no-strike provision (i.e., a clause providing that certain controversies will be resolved by arbitration and not by work stoppages). These standards derive from the U.S. Supreme Court’s decision in Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235 (1970) (Boys Markets), in which the Court held that, pursuant to Section 301 of the Labor Management Relations Act (LMRA), federal courts may enjoin a strike that violates a CBA’s no-strike clause where certain conditions are met. Boys Markets, 398 U.S. at 254.