West Point-Pepperell, Inc. v. Textile Workers Union of America, AFL-CIO, CLC

• Decision Date: 16 September 1977
• Docket Number: No. 76-4517,A,INC,AFL-CI,D,CL,POINT-PEPPEREL,76-4517
• Parties: 96 L.R.R.M. (BNA) 2334, 82 Lab.Cas. P 10,141 WEST, Plaintiff-Appellant, v. TEXTILE WORKERS UNION OF AMERICA,malgamated Clothing Workers of America, and Amalgamated Clothing and Textile Workers Union,efendants-Appellees. Summary Calendar. *
• Court: U.S. Court of Appeals — Fifth Circuit

Page 304

559 F.2d 304

96 L.R.R.M. (BNA) 2334, 82 Lab.Cas. P 10,141

WEST POINT-PEPPERELL, INC., Plaintiff-Appellant, v. TEXTILE WORKERS UNION OF AMERICA, AFL-CIO, CLC, Amalgamated

Clothing Workers of America, and Amalgamated

Clothing and Textile Workers Union,

AFL-CIO, Defendants-Appellees.

No. 76-4517

Summary Calendar. ^*

United States Court of Appeals,

Fifth Circuit.

Sept. 16, 1977.

Lovic A. Brooks, Jr., Charles A. Edwards, Atlanta, Ga., for plaintiff-appellant.

J. R. Goldthwaite, Jr., Atlanta, Ga., Arthur M. Goldberg, Gen. Counsel, Amalgamated Clothing & Textile Workers Union, New York City, George Kaufmann, Washington, D. C., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Georgia.

Before COLEMAN, TJOFLAT and FAY, Circuit Judges.

PER CURIAM.

The plaintiff, West Point-Pepperell, Inc., appeals from the district court's order dismissing its complaint for lack of jurisdiction. We affirm the district court on the grounds set out in its order filed on November 22, 1976, and appended to this opinion.

AFFIRMED.

APPENDIX

ORDER

This is an action for declaratory and injunctive relief brought by West Point-Pepperell, Inc. (hereinafter referred to as "West Point") pursuant to the provisions of Section 301 of the National Labor Relations Act as amended by the Labor Management Relations Act (hereinafter referred to as "the Act"), 29 U.S.C. § 185, seeking a declaration of its rights and obligations under a collective bargaining contract with the Textile Workers Union of America (hereinafter referred to as "TWUA"). Presently pending is the defendants' motion to dismiss or alternatively to stay.

TWUA was certified by the National Labor Relations Board (hereinafter referred to as "the NLRB") as the exclusive collective bargaining representative of certain employees at plants in Lindale, Georgia and Biddeford, Maine. West Point entered into successive labor contracts with TWUA at both plants. The latest of these contracts was executed in 1975 and included provisions for dues check-off and collective bargaining on behalf of the plaintiff's employees in the designated units.

On March 18, 1976, TWUA merged with the Amalgamated Clothing Workers of America, effective June 1, 1976, and the Amalgamated Clothing and Textile Workers Union (hereinafter referred to as "ACTWU") became the surviving union. Thereafter, the defendants requested that West Point pay the dues to, and bargain exclusively with ACTWU. The plaintiff refused and brought this suit for a declaratory judgment on July 21, 1976, maintaining that TWUA is the only representative of its employees under the existing contract, not ACTWU. The plaintiff charges that TWUA's efforts to have it recognize ACTWU as the employees' exclusive agent is a breach of the collective bargaining agreement.

On August 25, 1976, the union filed a petition with the NLRB for amendment of certification to reflect the merger and filed a motion to dismiss West Point's declaratory judgment action or alternatively to stay the action pending disposition of the petition for amendment of certification by the NLRB. The plaintiff responded to the defendants' motion contending that neither dismissal nor a stay is warranted.

The defendants maintain that the determination of matters of representation is within the exclusive jurisdiction of the NLRB, 29 U.S.C. § 159, with a review of the board's decision in the United States Courts of Appeal. They argue that the plaintiff's action, ostensibly seeking construction of the contract, is, in reality, an attempt to have the district court determine ACTWU's status, a question outside of its jurisdiction, thus bypassing the NLRB.

West Point claims that the district court has jurisdiction over this dispute under Section 301 of the Act as an action between an employer and union for breach of a collective bargaining contract. The plaintiff specifically alleges that TWUA assigned its rights under the contract to ACTWU in violation of the agreement, or tried to substitute the new union as a party to the contract, and that TWUA's efforts to have the employer make dues payments to and bargain with ACTWU is a further breach of contract. West Point also contends that it is unnecessary to allege violation of the contract to secure a declaratory judgment of its rights under a collective bargaining agreement.

Noting that the petition for amendment of certification was not filed until after this suit was brought, West Point charges the defendants with attempting to cloud the issues. Acknowledging the board's jurisdiction over representation matters, the plaintiff characterizes this action as one concerning contract issues and insists that the district court has concurrent jurisdiction over collateral questions before the NLRB.

Under Section 301 of the Act, 29 U.S.C. § 185, the district court has jurisdiction over suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce. Jurisdiction under Section 301 has been extended to actions for a declaratory judgment respecting rights and duties in a collective bargaining agreement without requiring allegations of contract violations. El Paso Building & Construction Trades Council v. El Paso Chapter Associated General Contractors, 376 F.2d 797 (5th Cir. 1967). It is also established that federal courts may entertain declaratory judgment suits even though a remedy before the NLRB may be available on an unfair labor practice charge. Heavy Contractors Association v. International Hod Carriers, 312 F.Supp. 1345 (D.Neb.1969). However, the board's determination of a union's representational status is different from resolution of an unfair labor practice charge. Courts should not decide questions beyond their jurisdiction under the guise of construing contracts under Section 301.

There is no controversy about the plaintiff's duty to either bargain with or pay withheld dues to TWUA. But West Point denies its obligation to recognize or make payments to ACTWU, characterizing this as a "contract issue." Thus, the pivotal question in this instance is...