Studio Carpenters Local Union v. Loew's, Inc., 12345.

• Decision Date: 01 May 1950
• Docket Number: No. 12345.,12345.
• Citation: 182 F.2d 168
• Parties: STUDIO CARPENTERS LOCAL UNION NO. 946 v. LOEW'S, Inc., et al.
• Court: U.S. Court of Appeals — Ninth Circuit

182 F.2d 168 (1950)

STUDIO CARPENTERS LOCAL UNION NO. 946 v. LOEW'S, Inc., et al.

No. 12345.

United States Court of Appeals Ninth Circuit.

May 1, 1950.

Zach Lamar Cobb, Los Angeles, Cal., for appellant.

Bodkin, Breslin & Luddy, Michael G. Luddy, Los Angeles, Cal., for appellees Int. Alliance et al.

O'Melveny & Myers, Homer I. Mitchell, W. B. Carman, Los Angeles, Cal., for appellees Ass'n of Motion Pict. Prod. et al.

Before ORR and POPE, Circuit Judges, and WEINBERGER, District Judge.

ORR, Circuit Judge.

Appellant brought an action for a declaratory judgment. Appellant will sometimes be referred to herein as the carpenters union, appellee, The International Alliance of Theatrical Stage Employees and Moving Picture Operators of the United States and Canada, as I.A.T.S.E., and the companies, as appellee companies. Motions to dismiss the complaint were interposed which said motions were granted by the trial court with leave to amend. An amended complaint was filed demanding damages. Motions to dismiss the amended complaint were filed and sustained. Appellant refusing to plead further, a judgment of dismissal was entered from which this appeal is taken. The action was brought by appellant carpenters union as representative of its members, all of whom have been employed or were eligible for employment by the appellee companies. It is further alleged that I.A.T.S.E., appellee companies and the carpenters union had entered into certain bargaining agreements setting up procedures for handling grievances and establishing a closed shop; that the agreements gave to members of the carpenters union the exclusive right to perform all required carpenter work; that as a result of a conspiracy between I.A.T.S.E. and appellee companies, the members of the carpenters union were ordered to discontinue work and have been locked out, but that their employment has not been terminated; that appellee companies have refused and continue to refuse to bargain with appellant as the bargaining agent and have deprived the members of appellant union of the privilege to work granted by the contract.

Appellant does not allege nor does it pray for damages to itself as a union. It asks damages for individual members because of the alleged breach of collective bargaining agreements.

We have this day filed an opinion in case No. 12,321, entitled, Schatte v. International Alliance of Theatrical Stage Employees, etc., 182 F.2d 158, in which said action the same written agreements and the same acts of appellees tending to deprive members of appellant union of employment in the studios are alleged. The complaint in this case also alleges, in a "second cause of action," the same misrepresentations to the California Unemployment Commission as are contained in the complaint in said case No. 12,321, and the complaint in this case further alleges, in some detail, that appellees "caused" the officers of the California agency to commit numerous errors in denying members of appellant union the privilege of inspecting certain files, presenting certain evidence, etc., and to construe the law erroneously as not entitling appellant's members to unemployment benefits. No diversity of citizenship is alleged in the complaint.

Our opinion in said case No. 12,321 disposes of all the contentions urged in the instant case in support of the claim that...