LOCAL UNION NO. 28, INT. BRO. OF EL. WKRS. v. Maryland Chapter
Decision Date | 24 April 1961 |
Docket Number | Civ. No. 12926. |
Parties | LOCAL UNION NO. 28, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS v. MARYLAND CHAPTER, NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION, INCORPORATED, a Maryland Corporation. |
Court | U.S. District Court — District of Maryland |
Patrick A. O'Doherty and William A. Hegarty, Baltimore, Md., for plaintiff.
William D. Macmillan, James P. Garland, and Semmes, Bowen & Semmes, Baltimore, Md., for defendant.
Plaintiff Union seeks a declaratory judgment construing its collective bargaining agreement with defendant Association and declaring whether the agreement has been effectually terminated by the Union. Jurisdiction is claimed under sec. 301 of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 185. Reference is also made to the Declaratory Judgments Act, 28 U.S.C.A. §§ 2201, 2202. The case is presently before the court on the Association's motion to dismiss, for lack of jurisdiction over the subject matter.
After alleging that plaintiff Union is a "labor organization" within the meaning of 29 U.S.C.A. § 152(5) and is the collective bargaining representative for employees engaged in an industry affecting commerce within the meaning of 29 U.S.C.A. § 152(7), the complaint refers to the agreement1 between the parties, dated March 7, 1958, which provides:
The complaint alleges that in 1959 and 1960 plaintiff Union sought only modifications of the contract and no effort was made to terminate the agreement. The complaint, which was filed on March 28, 1961, continues:
The complaint states that plaintiff Union seeks declaratory relief to obviate the possibility of serious and lasting damage to it or to the members of the Association if they rely on their conflicting views of the respective rights and obligations.
The relief prayed includes a declaration that the Union had the right to terminate the agreement as of April 1, 1961, that it has complied with the requirements of sec. 8 (d) of the Act, and that it "is not obliged to abide by the expired contract until such time as a new contract shall be entered into".
Defendant's motion to dismiss asserts (1) that this court is without jurisdiction to grant the relief requested in the complaint, and (2) that "the complaint in essence requests the Court to determine a matter involving the existence or non-existence of an unfair labor practice, to wit, refusal to bargain; that such determination has been committed by Law to the sole jurisdiction of the National Labor Relations Board in accordance with the Laws of the United States".2
(1) Sec. 301(a) of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 185, provides: "Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in...
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