MARYDALE PRODUCTS CO. v. UPW OF AMERICA, AFL-CIO, 19482.
Decision Date | 04 September 1963 |
Docket Number | No. 19482.,19482. |
Citation | 322 F.2d 224 |
Parties | MARYDALE PRODUCTS COMPANY, Inc., Appellant, v. UNITED PACKINGHOUSE WORKERS OF AMERICA, AFL-CIO, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Herman M. Baginsky, New Orleans, La., for appellant.
Eugene Cotton, Richard F. Watt, Chicago, Ill., Benjamin E. Smith, New Orleans, La., Cotton, Fruchtman & Watt, Irving M. King, Chicago, Ill., for appellee, United Packinghouse Workers of America, AFL-CIO.
Before HUTCHESON, WISDOM and GEWIN, Circuit Judges.
This is an appeal by Marydale Products Company, Inc.,1 a Louisiana Corporation, from the judgment of the United States District Court for the Eastern District of Louisiana granting Motion to Dismiss filed by United Packinghouse Workers, etc.2 Marydale's complaint alleged, inter alia; Defendant Union is an unincorporated association with its principal place of business in Illinois, with officers and agents acting for employee members within Louisiana and with offices throughout Louisiana; it failed to discharge the duty imposed on it by 29 U.S.C.A. § 151 et seq. to exert every reasonable effort to eliminate obstructions to the flow of commerce caused by strikes and other forms of industrial unrest; conspired to cause a disruption and restraint of plaintiff's business in interstate commerce by unlawfully causing a shutdown or work stoppage by illegal picketing which resulted in violence; physically threatened plaintiff's employees and sabotaged plaintiff's machinery and equipment; all of which actions constituted unfair labor practices in violation of 29 U.S.C.A. § 151 et seq. and resulted in $50,000.00 damages to plaintiff. The complaint further alleged that the Union's actions were
Jurisdiction of the U. S. District Court The court granted the motion to dismiss on the ground that there was a complete lack of jurisdiction.3 Essentially, the District Court concluded that it lacked jurisdiction for the reason that any claim of violation of the National Labor Relations Act must be addressed to the National Labor Relations Board; and specifically concluded that there were no allegations of acts which brought the case under either § 301(a) or 303(b) of the act, 29 U.S.C.A. §§ 185(a) and 187 (b). The last mentioned sections provide for court remedies for violation of collective bargaining agreements or contracts and for certain secondary boycott activities, neither of which is involved here. As to diversity, the court concluded that the complaint itself negates that ground of jurisdiction. We are in complete accord with the ruling of the trial court, but Marydale is so insistent that jurisdiction does exist, we deem it appropriate to discuss its contentions.
The chief thrust of Marydale's argument is that jurisdiction exists, first because of the existence of a federal question, and secondly because of diversity of citizenship between the parties.4 All of the cases cited by Marydale to support its argument that jurisdiction is predicated upon the existence of a federal question arising under the National Labor Relations Act, are National Labor Relations Board cases which came to courts of appeals after proceedings before the Board.5 These cases are not authority for the position taken by Marydale. Further, in support of its contention that the N.L.R.B. is not the proper forum with respect to violations of the N.L.R.A., Marydale relies on United Constructions Workers v. Laburnum Construction Corp., 347 U.S. 656, 74 S.Ct. 833, 98 L.Ed. 1025; and International Union, United Auto, Aircraft and Agr. Implement Workers v. Russell, 356 U.S. 634, 78 S.Ct. 932, 2 L.Ed.2d 1030; and seeks to distinguish the more recent case of San Diego Building Trades Council Millmen's Union v. Garmon, 359 U.S. 236, 79 S.Ct. 773, 3 L.Ed.2d 775. All 3 of the cited cases originated in state courts. We are not undertaking to delineate the bounds of jurisdiction of state and federal courts in any fact situation which may arise, but we are clear to the point that the cited cases are not authority for the proposition that the U. S. District Court has jurisdiction in the instant case. The Garmon case decides that there is no federal jurisdiction here:
As to the diversity question, the contentions of Marydale are completely answered by the holdings of this court in Lowry v. International Brotherhood of Boilermakers, etc., 259 F.2d 568 (5 Cir., 1958), and Calagaz v. Calhoun, 309 F.2d 248 (5 Cir., 1962). In the instant case there is no intimation of a class action such as was involved in the Calagaz case.
In addition to the arguments as to the existence of a federal question and diversity, it is further contended that jurisdiction arises out of Title 28 U.S.C.A. § 1337;6 and Article 2315 of the LSA-Revised Civil Code of Louisiana.7 As to the first contention, jurisdiction under § 1337 is conferred only in such cases which concern the validity, construction or enforcement of a statute regulating commerce. The only such statute involved in this case is the National Labor Relations Act; and as we have stated, such violations must first go to the National Labor Relations Board. Adams v. International Brotherhood of Boilermakers, 10 Cir., 1959, 262 F.2d 835, 839. As to jurisdiction arising out of the existence of a federal question see Gully v. First National Bank of Meridian, (1936) 299 U.S. 109, 57 S.Ct. 96, 81 L.Ed. 70; Screven Company v. Brier Creek Hunting & Fishing Club, Inc., 5 Cir., 1953, 202 F.2d 369, cert. den. 345 U.S. 994, 73 S.Ct. 1136, 97 L.Ed. 1402; Jackson v. Martin Company, (D.C.Md.1960), 180 F.Supp. 475. We are unable to follow the allegation and contention that jurisdiction is conferred by Article 2315 of the LSA Civil Code. Marydale would have to allege facts showing diversity of citizenship, when, as a matter of fact, its complaint negatives the existence of diversity.
We have carefully considered all of the contentions of the appellant, Marydale, and find no merit in any of them. The judgment is affirmed.
1 Herein called Marydale.
2 Herein called Union.
3 The "reasons" given by the District Court for granting the motion are as follows:
To continue reading
Request your trial-
Mason v. American Express Company, 327
...as a legitimate device for circumventing the doctrine and thereby preventing a failure of justice. See Marydale Prods. Co. v. United Packinghouse Workers, 322 F.2d 224, 227 (5 Cir. 1963); Calagaz v. Calhoon, supra; Underwood v. Maloney, 256 F.2d 334, 341 (3 Cir.) (on petition for rehearing)......
-
Assoc. Gen. Contractors v. Boston Dist. Council
...the court lacks jurisdiction over the claim advanced in Count III of plaintiffs' complaint. Marydale Products Co. v. United Packinghouse Workers of America, AFL-CIO, 5 Cir. 1963, 322 F.2d 224. Accordingly, pursuant to Fed.R.Civ.P. 12(b)(1), the court dismisses for lack of subject matter jur......
-
Bova v. Pipefitters and Plumbers Local 60, AFL-CIO
...79 S.Ct. 773, 3 L.Ed.2d 775 (1959); Peltzman v. Central Gulf Lines, Inc., 497 F.2d 332 (2d Cir. 1974); Marydale Products Co. v. United Packinghouse Workers, 322 F.2d 224 (5th Cir. 1963); Barunica v. United Hatters, Cap and Millinery Workers, 321 F.2d 764 (8th Cir. 1963).11 See e. g., NLRB v......
-
Atchison, T.& S.F. Ry. Co. v. Locals Nos. 70, 85, and 315, of Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America
...8 of the Act,' namely, unfair labor practices. Id. at 284, 91 S.Ct. at 1916; see also, e.g., Marydale Products Co. v. United Packinghouse Workers of America, AFL--CIO, 322 F.2d 224 (5th Cir. 1963); Comb Construction Co. v. Hospital Board of Memorial Hospital, 57 CCH Lab.Cas. 12,403 (W.D.Wis......