Avco Corporation v. Aero Lodge No 735, International Association of Machinists and Aerospace Workers, No. 445

CourtUnited States Supreme Court
Writing for the CourtDOUGLAS
Citation390 U.S. 557,88 S.Ct. 1235,20 L.Ed.2d 126
PartiesAVCO CORPORATION, Petitioner, v. AERO LODGE NO. 735, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS et al
Decision Date08 April 1968
Docket NumberNo. 445

390 U.S. 557
88 S.Ct. 1235
20 L.Ed.2d 126
AVCO CORPORATION, Petitioner,

v.

AERO LODGE NO. 735, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS et al.

No. 445.
Argued March 11, 1968.
Decided April 8, 1968.
Rehearing Denied May 20, 1968.

See 391 U.S. 929, 88 S.Ct. 1801.

J. Mack Swigert, Cincinnati, Ohio, for petitioner.

Bernard Dunau, Washington, D.C., for respondents.

Page 558

Mr. Justice DOUGLAS delivered the opinion of the Court.

Petitioner filed a suit in a state court in Tennessee to enjoin respondent union and its members and associates from striking at petitioner's plant. The heart of the complaint was a 'no-strike' clause in the collective bargaining agreement by which 'grievances' were to be settled amicably or by binding arbitration. The eligibility of employees for promotion engendered disputes—allegedly subject to the grievance procedure—which so far as appears involved no violence or trespass but which resulted in work stoppages and a walkout by employees. The state court issued an ex parte injunction.

Respondent then moved in the Federal District Court for removal of the case. 1 A motion to remand to the

Page 559

state court was made and denied, the District Court ruling that the action was within its original jurisdiction. The District Court granted respondents' motion to dissolve the injunction issued by the Tennessee court. The Court of Appeals affirmed. 376 F.2d 337. We granted the petition for certiorari (389 U.S. 819, 88 S.Ct. 103, 19 L.Ed.2d 68) because of an apparent conflict between the decision below and American Dredging Co. v. Local 25, etc., 338 F.2d 837, from the Court of Appeals for the Third Circuit.

The starting point is § 301 of the Labor Management Relations Act, 1947, 61 Stat. 156, 29 U.S.C. § 185, which, we held in Textile Workers Union of America v. Lincoln Mills, 353 U.S. 448, 77 S.Ct. 912, 1 L.Ed.2d 972, was fashioned by Congress to place sanctions behind agreements to arbitrate grievance disputes. We stated:

'We conclude that the substantive law to apply in suits under § 301(a) is federal law, which the courts must fashion from the policy of our national labor laws. * * * The Labor Management Relations Act expressly furnishes some substantive law. It points out what the parties may or may not do in certain situations. Other problems will lie in the penumbra of express statutory mandates. Some will lack express statutory sanction but will be solved by looking at the policy of the legislation and fashioning a remedy that will effectuate that policy. The range of judicial inventiveness will be determined by the nature of the problem. * * * Federal interpretation of the federal law will govern, not state law. * * * But state law, if compatible with the purpose of § 301, may be resorted to in order to find the rule that will best effectuate the federal

Page 560

policy. * * * Any state law applied, however, will be absorbed as federal law and will not be an independent source of private rights.' 353 U.S., at 456—457, 77 S.Ct., at 917 918.

An action arising under § 301 is controlled by federal substantive law even though it is brought in a state court.2 Humphrey v. Moore, 375 U.S. 335, 84 S.Ct. 363, 11 L.Ed.2d 370; Local 174, etc. v. Lucas Flour Co., 369 U.S. 95, 82 S.Ct. 571, 7 L.Ed.2d 593; Charles Dowd Box Co. v. Courtney, 368 U.S. 502, 82 S.Ct. 519, 7 L.Ed.2d 483. Removal is but one aspect3 of 'the primacy of the federal judiciary in deciding questions of federal law.' See England v. Louisiana State Bd. of Medical Examiners, 375 U.S. 411, 415—416, 84 S.Ct. 461, 464—465, 11 L.Ed.2d 440.

It is thus clear that the claim under this collective bargaining agreement is one arising under the 'laws of the United States' within the meaning of the removal statute. 28 U.S.C. § 1441(b). It likewise seems clear that this suit is within the 'original jurisdiction' of the District Court within the meaning of 28 U.S.C. §§ 1441(a) and (b). It is true that the Court by a 5-to-3 decision in Sinclair Refining Co. v. Atkinson, 370 U.S. 195, 82 S.Ct. 1328, 8 L.Ed.2d 440, held that although a case was properly in the federal district court by...

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  • Smart v. First Federal S & L Ass'n of Detroit, Civ. No. 79-74483
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • September 15, 1980
    ...For support, the Bailey court cited Avco Corp. v. Aero Lodge No. 735, International Association of Machinists and Aerospace Workers, 390 U.S. 557, 88 S.Ct. 1235, 20 L.Ed.2d 126 (1965). In Avco, the Court was confronted with the question whether a complaint purporting to sound in contract wa......
  • Retail Prop. Trust v. United Bhd. of Carpenters & Joiners of Am., No. 12–56427.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 23, 2014
    ...L.Ed.2d 775 (1959). 5. The three are: (1) § 301 of the LMRA, 29 U.S.C. § 185, Avco Corp. v. Aero Lodge No. 735, Int'l Ass'n of Machinists, 390 U.S. 557, 558–62, 88 S.Ct. 1235, 20 L.Ed.2d 126 (1968); (2) § 502(a) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1132(a), Me......
  • Powers v. South Central United Food & Commercial Workers Unions and Employers Health & Welfare Trust, No. 82-2319
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 31, 1983
    ...Board, 103 S.Ct. at 2853; Avco Corp. v. Aero Lodge No. 735, International Ass'n of Machinists, 376 F.2d 337, 339-40 (6th Cir.1967), aff'd, 390 U.S. 557, 88 S.Ct. 1235, 20 L.Ed.2d 126 (1968). Fraudulent or "artful" pleading frequently arises in the context of unnecessary joinder of non-diver......
  • In re Air Disaster, No. MDL 891
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • May 7, 1993
    ...Doctrine The "complete preemption" doctrine developed out of the Supreme Court's 1968 decision in Avco Corp. v. Aero Lodge No. 735, 390 U.S. 557, 88 S.Ct. 1235, 20 L.Ed.2d 126 (1968). In Avco, the plaintiff filed a suit in Tennessee state court to enjoin its union employees from striking at......
  • Request a trial to view additional results
1024 cases
  • Smart v. First Federal S & L Ass'n of Detroit, Civ. No. 79-74483
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • September 15, 1980
    ...For support, the Bailey court cited Avco Corp. v. Aero Lodge No. 735, International Association of Machinists and Aerospace Workers, 390 U.S. 557, 88 S.Ct. 1235, 20 L.Ed.2d 126 (1965). In Avco, the Court was confronted with the question whether a complaint purporting to sound in contract wa......
  • Retail Prop. Trust v. United Bhd. of Carpenters & Joiners of Am., No. 12–56427.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 23, 2014
    ...L.Ed.2d 775 (1959). 5. The three are: (1) § 301 of the LMRA, 29 U.S.C. § 185, Avco Corp. v. Aero Lodge No. 735, Int'l Ass'n of Machinists, 390 U.S. 557, 558–62, 88 S.Ct. 1235, 20 L.Ed.2d 126 (1968); (2) § 502(a) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1132(a), Me......
  • Powers v. South Central United Food & Commercial Workers Unions and Employers Health & Welfare Trust, No. 82-2319
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 31, 1983
    ...Board, 103 S.Ct. at 2853; Avco Corp. v. Aero Lodge No. 735, International Ass'n of Machinists, 376 F.2d 337, 339-40 (6th Cir.1967), aff'd, 390 U.S. 557, 88 S.Ct. 1235, 20 L.Ed.2d 126 (1968). Fraudulent or "artful" pleading frequently arises in the context of unnecessary joinder of non-diver......
  • In re Air Disaster, No. MDL 891
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • May 7, 1993
    ...Doctrine The "complete preemption" doctrine developed out of the Supreme Court's 1968 decision in Avco Corp. v. Aero Lodge No. 735, 390 U.S. 557, 88 S.Ct. 1235, 20 L.Ed.2d 126 (1968). In Avco, the plaintiff filed a suit in Tennessee state court to enjoin its union employees from striking at......
  • Request a trial to view additional results

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