Local 937, etc. v. Royal Typewriter Co.

• Citation: 88 F. Supp. 669
• Decision Date: 12 August 1949
• Docket Number: Civ. No. 2483.
• Court: U.S. District Court — District of Connecticut
• Parties: LOCAL 937 OF INTERNATIONAL UNION UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O. et al. v. ROYAL TYPEWRITER CO., Inc.

88 F. Supp. 669

LOCAL 937 OF INTERNATIONAL UNION UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O. et al. v. ROYAL TYPEWRITER CO., Inc.

Civ. No. 2483.

United States District Court D. Connecticut.

August 12, 1949.

William S. Zeman, Hartford, Conn., for plaintiffs.

Walfrid G. Lundborg, Shipman & Goodwin, Hartford, Conn., for defendant.

SMITH, District Judge.

This is an action brought by a labor union on behalf of itself and a number of its members against an employer, claiming damages for breach of contract and injunctive relief by way of specific performance of the contract. The dispute involves the interpretation of an hourly rate provision for piece workers.

Plaintiff's authorized officers and agents are engaged in representing and acting for employee members in Hartford, Connecticut, and this Court has jurisdiction to grant money damages in this suit for violation of contract pursuant to Section 301(a) of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 185(a).

Plaintiffs contend further that injunctive relief may also be obtained under the diversity jurisdiction. It is a labor dispute and I agree with Judge Rifkind that Congress would have been more specific if it intended to restore the general power to grant injunctive relief. Alcoa S. S. Co., Inc., et al. v. McMahon et al., D.C. 1948, 81 F.Supp. 541. See also United Packing House Workers v. Wilson and Co., D.C. 1948, 80 F. Supp. 563; Amalgated Ass'n of Street Electric Ry. & Motor Coach Emp. of America v. Dixie Motor Coach Corp., 8 Cir., 1948, 170 F.2d 902. In any case, there is here no irreparable injury to the union, such as existed through refusal of the checkoff in the Colorado case. Cf. Mountain States Division No. 17 v. Mountain States T & T Co., D.C. 1948, 81 F.Supp. 397.

On the merits, the question involved is the meaning of a one-line provision; Item 2 in a memorandum of agreement between the employer and the union, stating minimum rate of pay for pieceworkers in the assembly departments of defendant's plant. Prior to October 1, 1948, there was in existence a contract between the employer and a local of the United Electrical Workers union, representing the employees. That contract provided that it should remain in force automatically for one year periods unless denounced by one party or the other sixty days prior to October 1, 1948. However, the United Electrical Workers local failed to qualify under the non-communist-oath provision of the Taft-Hartley Act and the present plaintiff became the bargaining representative of the employees and was duly certified as such. Negotiations were had between representatives of the plaintiff and of the defendant prior to October 1, 1948, looking toward agreement upon a new contract. The negotiations were unsuccessful, however, and the membership of the plaintiff went out on strike on October 10th, 1948. Attempts at mediation and conciliation were made by both federal and state bodies, culminating in a meeting at which the contract in suit was drawn up. The contract was ratified by the union membership at a mass meeting and the employees returned to work. The contract, which is in evidence as Exhibit E, covered the points in dispute in very brief statements and continued in effect the provisions of the former contract between the defendant and the United Electrical Workers local, except as modified by the memorandum of agreement.

The item in dispute was as follows: "Assembly Department Guarantee minimum piecework earnings, $1.10 per hour." It was stated at the conference, which was held by officers of the defendant and representatives of the plaintiff, counsel being...