Retail Clerks International Ass'n v. Montgomery Ward & Co., No. 13882.

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Writing for the CourtKNOCH and SWYGERT, Circuit , and MERCER
Citation316 F.2d 754
PartiesRETAIL CLERKS INTERNATIONAL ASSOCIATION AFL-CIO, etc., et al., Plaintiffs-Appellants, v. MONTGOMERY WARD & CO., Defendant-Appellee, and National Labor Relations Board, Intervenor Defendant-Appellee.
Docket NumberNo. 13882.
Decision Date02 May 1963

316 F.2d 754 (1963)

RETAIL CLERKS INTERNATIONAL ASSOCIATION AFL-CIO, etc., et al., Plaintiffs-Appellants,
v.
MONTGOMERY WARD & CO., Defendant-Appellee, and
National Labor Relations Board, Intervenor Defendant-Appellee.

No. 13882.

United States Court of Appeals Seventh Circuit.

May 2, 1963.


316 F.2d 755

Robert Karmel, Chicago, Ill., S. G. Lippman, Gen. Counsel, Tim L. Bornstein, Washington, D. C., for plaintiffs-appellants.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Solomon I. Hirsh, Atty., National Labor Relations Board, Washington, D. C., N. A. Brown, Chicago, Ill., Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Ira M. Lechner, Attys., National Labor Relations Board, Charles J. Barnhill, W. Yale Matheson, Chicago, Ill., for defendant-appellee, Sidley, Austin, Burgess & Smith, Howard P. Robinson, Chicago, Ill., of counsel.

Before KNOCH and SWYGERT, Circuit Judges, and MERCER, District Judge.

KNOCH, Circuit Judge.

On May 31, 1961, plaintiffs, Retail Clerks International Association, AFL-CIO, and Local Unions No. 1532 (Ukiah, California), No. 1685 (Wisconsin Rapids, Wisconsin), No. 472 (Houghton, Michigan), No. 1687 (Binghamton, New York), No. 170 (Portersville, California), No. 1116 (Duluth, Minnesota), voluntary unincorporated labor organizations chartered by the Retail Clerks International Association, AFL-CIO, brought suit in the United States District Court for specific performance of collective bargaining contracts by defendant, Montgomery Ward & Co., a corporation. On March 9, 1962, an amended complaint was filed by the same plaintiffs with the exception of Local Union No. 472.

Jurisdiction was based on § 301(a) of the Labor Management Relations Act of 1947, Title 29 U.S.C.A. § 185(a), which provides:

"Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties."

The amended complaint alleges that plaintiff Retail Clerks International Association (hereinafter called the "Union") is a parent international labor organization, signatory to a collective bargaining contract with defendant; that it has chartered local unions, including the other five plaintiffs; that beginning in August, 1955, the Union and various of its locals engaged in collective bargaining with defendant on a centralized national basis, with the Union acting as the bargaining spokesman for those locals which represented employees of defendant; that after expiration of prior contracts in September, 1957, and after extended bargaining, litigation and other activities, a new agreement, which provided for a 5-year term, was negotiated in May, 1958, to be executed between the locals and defendant's local store managers; that defendant's employees in the various affected stores, by vote, ratified the terms of the national settlement agreement, or those terms were renegotiated and then ratified, by vote of the employees.

316 F.2d 756

The amended complaint alleges further:

"17. In the following Montgomery Ward & Co. stores, the defendant has violated its contract obligations by refusing to recognize plaintiff International Association and the respective local union plaintiffs as the exclusive bargaining agents for employees in each such store, in violation
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16 practice notes
  • Pilot Freight Carriers v. INTERN. BROTH., ETC., No. C-219-WS-72.
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • July 23, 1980
    ...rights of the affected workers. Workers v. A. O. Smith, 420 F.2d at 12; Retail Clerks International Association v. Montgomery Ward & Co., 316 F.2d 754 (7th Cir. The ultimate point here is that the arbitrator cannot in accretion disputes render a decision that is "final and binding" on the e......
  • Smith Steel Workers v. AO Smith Corporation, No. 17309
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • December 23, 1969
    ...301(a) of the Labor Management Relations Act (29 U.S.C. § 185(a)). As in Retail Clerks International Ass'n v. Montgomery Ward & Co., 316 F.2d 754, 757 (7th Cir. 1963), the Board's order deprived the Union of any right to recognition as the representative of the laboratory technicians and ex......
  • United States Gypsum Co. v. United Steelworkers of Amer., No. 23918.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 15, 1968
    ...(its contract) ceased and became inoperative on decertification" Retail Clerks International Ass'n v. Montgomery Ward & Co., 7 Cir., 1963, 316 F.2d 754, 757; Glendale Mfg. Co. v. Local No. 520, Internat'l Ladies' Garment Workers' Union, 4 Cir., 1960, 283 F.2d 936. Third, directing arbitrati......
  • Sheet Metal Workers Intern. Ass'n, Local No. 162 v. Jason Mfg., Inc., No. 88-15617
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 12, 1990
    ...of the contracts was the continuance of that status as such certified representative." Retail Clerks Int'l Ass'n v. Montgomery Ward & Co., 316 F.2d 754, 757 (7th After February 6, 1986, the date of decertification, the union had no rights under the agreement. Jason's employees could not be ......
  • Request a trial to view additional results
16 cases
  • Pilot Freight Carriers v. INTERN. BROTH., ETC., No. C-219-WS-72.
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • July 23, 1980
    ...rights of the affected workers. Workers v. A. O. Smith, 420 F.2d at 12; Retail Clerks International Association v. Montgomery Ward & Co., 316 F.2d 754 (7th Cir. The ultimate point here is that the arbitrator cannot in accretion disputes render a decision that is "final and binding" on the e......
  • Smith Steel Workers v. AO Smith Corporation, No. 17309
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • December 23, 1969
    ...301(a) of the Labor Management Relations Act (29 U.S.C. § 185(a)). As in Retail Clerks International Ass'n v. Montgomery Ward & Co., 316 F.2d 754, 757 (7th Cir. 1963), the Board's order deprived the Union of any right to recognition as the representative of the laboratory technicians and ex......
  • United States Gypsum Co. v. United Steelworkers of Amer., No. 23918.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 15, 1968
    ...(its contract) ceased and became inoperative on decertification" Retail Clerks International Ass'n v. Montgomery Ward & Co., 7 Cir., 1963, 316 F.2d 754, 757; Glendale Mfg. Co. v. Local No. 520, Internat'l Ladies' Garment Workers' Union, 4 Cir., 1960, 283 F.2d 936. Third, directing arbitrati......
  • Sheet Metal Workers Intern. Ass'n, Local No. 162 v. Jason Mfg., Inc., No. 88-15617
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 12, 1990
    ...of the contracts was the continuance of that status as such certified representative." Retail Clerks Int'l Ass'n v. Montgomery Ward & Co., 316 F.2d 754, 757 (7th After February 6, 1986, the date of decertification, the union had no rights under the agreement. Jason's employees could not be ......
  • Request a trial to view additional results

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