Utah Valley Hospital v. Industrial Commission of Utah, 4479.
| Decision Date | 02 October 1952 |
| Docket Number | No. 4479.,4479. |
| Parties | UTAH VALLEY HOSPITAL v. INDUSTRIAL COMMISSION OF UTAH et al. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Louis H. Callister, Salt Lake City, Utah, for appellant.
Allen B. Sorensen, Asst. Atty. Gen. (Clinton D. Vernon, Atty. Gen., on the brief), for appellees.
Before PHILLIPS, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.
This is an appeal from an order of the District Court for the District of Utah, dismissing appellant's complaint for failure to state a cause of action for want of jurisdiction.
The complaint alleged that the action arose under the National Labor Relations Act, as amended, 29 U.S.C.A. § 141 et seq. It alleged that the plaintiff, The Utah Valley Hospital, was a non-profit charitable hospital, organized under the laws of Utah; that it was engaged in interstate commerce and in activities affecting such commerce; that the defendant, the Utah Industrial Commission, was a state agency designated by state law as the Utah Labor Board; that pursuant to an election the State Labor Board had certified the local C.I.O. Organization as the bargaining representative of plaintiff's employees; that plaintiff's hospital at all times objected to the jurisdiction of the State Labor Board over its employees; that in an unfair labor practice proceeding before the Board, plaintiff again objected to its jurisdiction to hear the matter, and for the same reason challenged its jurisdiction to enter the cease and desist order issued against it to cease and desist from the alleged unfair labor practices; that unless restrained by the federal court the Board would apply to the Supreme Court of Utah for an enforcement order, enforcing its void cease and desist order directed against it.
The basis of appellant's contention that the State Labor Board is without jurisdiction is that the National Labor-Management Act has pre-empted the field in all labor management relations in interstate commerce or activities affecting interstate commerce and has denied to the states the right to enter that field or any part thereof. Appellant took this same position in the Supreme Court of Utah in a proceeding challenging the constitutionality of the State Act and the jurisdiction of the State Board to make the order but its contentions were there rejected, the Supreme Court holding that the State Labor Board had jurisdiction of the controversy.1
Both the Wagner Act and the National Labor-Management Act of 1947 make...
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...to regulate labor relations activity left unregulated by the NLRA is an action arising under the NLRA. Compare Utah Valley Hosp. v. Industrial Comm'n, 199 F.2d 6 (10th Cir. 1952) (jurisdiction declined) with NLRB v. Committee of Interns & Residents, 426 F.Supp. 438 (S.D.N.Y.1977) (jurisdict......
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...assertion of federal jurisdiction in this area, state courts may entertain jurisdiction in such matters. Utah Valley Hospital v. Industrial Commission of Utah, 199 F.2d 6 (10 Cir. 1952); Cooper v. Nutley Sun Printing Co., Inc., 36 N.J. 189, 194, 175 A.2d 639 (1961). It is equally well settl......