Duris v. Phelps Dodge Copper Products Corp., Civ. No. 884.

• Decision Date: 28 November 1949
• Docket Number: Civ. No. 884.
• Citation: 87 F. Supp. 229
• Parties: DURIS et al. v. PHELPS DODGE COPPER PRODUCTS CORPORATION et al.
• Court: U.S. District Court — District of New Jersey

87 F. Supp. 229

DURIS et al. v. PHELPS DODGE COPPER PRODUCTS CORPORATION et al.

Civ. No. 884.

United States District Court D. New Jersey.

November 28, 1949.

Morton Stavis, Newark, N. J., for plaintiffs.

Pitney, Hardin, Ward & Brennan, Donald B. Kipp, Newark, N. J., for Phelps Dodge Copper Products Corp.

Kapelsohn, Lerner, Leuchter & Reitman, Sidney Reitman, Newark, N. J., for International Union of Electrical, Radio & Machine Workers, etc.

FAKE, Chief Judge.

The issues here arise on motion to strike the complaint for lack of jurisdiction to grant the injunctive relief prayed for.

The pertinent findings of fact are as follows:

1. The plaintiff United Electrical, Radio & Machine Workers of America (hereinafter referred to as UE) is an unincorporated association of seven or more members. It is an international labor union operating in the electrical, radio, machine and allied industries and has chartered local unions in these industries in all parts of the United States. The UE represents employees of numerous employers in these industries throughout the United States who receive substantial amounts of raw materials in interstate commerce shipped from other states and who manufacture substantial amounts of finished products, which they ship and transport in interstate commerce. The aforesaid employees represented by the UE are in an industry or industries affecting commerce as defined in the Labor Management Relations Act, 1947, 29 U.S.C.A. § 141 et seq.

2. On March 6, 1941, "United Electrical Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations", was certified by the National Labor Relations Board as the exclusive collective bargaining representative of employees within the bargaining unit at the Bayway Division of the defendant Phelps Dodge Copper Products Corporation. See 30 NLRB 621.

3. On September 7, 1946, Phelps Dodge Copper Products Corporation entered into a collective bargaining agreement with United Electrical, Radio & Machine Workers of America, for itself and in behalf of its Local Union 441, in which said corporation recognized said Local 441 as the sole bargaining agent of the employees therein described. By amendments and supplements thereto, said collective bargaining agreement was extended to May 1, 1950.

4. Prior to November 2, 1949, United Electrical, Radio & Machine Workers of America was an international labor organization affiliated with the Congress of Industrial Organizations, and United Electrical Radio & Machine Workers of America, Local 441, was a local union of said United Electrical, Radio & Machine Workers of America. Said unions are two of the plaintiffs herein.

5. Said Congress of Industrial Organizations, at its annual convention held on November 2, 1949, expelled said United Electrical, Radio & Machine Workers of America, and terminated that Union's affiliation with it pursuant to Article III, Section 6 of the Constitution of said Congress of Industrial Organizations. As a result, the affiliation of United Electrical, Radio & Machine Workers of America, Local 441, with the Congress of Industrial Organizations terminated.

6. Thereafter on or about November 2, 1949, a new international union known as International Union of Electrical, Radio & Machine Workers, CIO, was organized and received a charter from the Congress of Industrial Organizations. Said union is one of the defendants herein.

7. Meetings of the membership of said United Electrical, Radio & Machine Workers of America, Local 441, were held in shifts on November 3 and 4, 1949, for the purpose, among other things, of considering the action to be taken in view of the expulsion from the CIO of the international union with which the local union was affiliated, as aforesaid. The membership, by a vote of approximately 800 to 30, voted in favor of disaffiliating from said United Electrical, Radio & Machine Workers of America and in favor of affiliating with said International Union of Electrical, Radio & Machine Workers, CIO.

8. Thereupon, pursuant to such vote of the membership, a charter was applied for and obtained from said International Union of Electrical, Radio & Machine Workers, CIO, in the name of International Union of Electrical, Radio & Machine Workers, CIO, Local 441.

9. On November 9, 1949, Phelps Dodge Copper Products Corporation, the employer, upon being informed of the membership vote and the change of affiliation hereinabove referred to, and upon the request of International Union of Electrical, Radio & Machine Workers, CIO, Local 441, executed an agreement with said Local 441 recognizing that its existing collective bargaining agreement "continues to be applicable to Local Union No. 441, now affiliated with International Union of Electrical, Radio & Machine Workers, C.I.O.".

10. On November 18, 1949 Local 441 International Union of Electrical, Radio & Machine Workers, CIO, filed a petition for certification with the National Labor Relations Board requesting the National Labor Relations Board to issue its certification to Local 441 International Union of Electrical, Radio & Machine Workers, CIO, as the sole and exclusive bargaining agent of the employees of defendant company for such protection as is afforded by certification under the National Labor Relations Act.

11. The complaint herein was filed on November 14, 1949. The plaintiffs assert the jurisdiction of this Court under Section 301 of the Labor-Management Relations Act of 1947. They do not allege or claim diversity of citizenship or the...