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EMPLOYING PLASTERER'S v. OPERATIVE PLASTERERS

April 6, 1959

EMPLOYING PLASTERER'S ASSOCIATION OF CHICAGO, PLAINTIFF,
v.
OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION OF UNITED STATES AND CANADA, AND INTERNATIONAL LABOR ORGANIZATION, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Campbell, District Judge.

Plaintiff, Employing Plasterer's Association, an Illinois corporation, brings this action against defendants for Declaratory Judgment (28 U.S.C. § 2201) by virtue of, and under the jurisdictional provisions of Sec. 301 of the Labor-Management Relations Act of 1947 (c. 120, Tit. III, Sec. 301, 61 Stat. 156, 29 U.S.C.A. § 185).

Plaintiff as the duly authorized agent for its forty-five members who are engaged in the lathing and plastering business in Chicago, entered into a written collective bargaining agreement with defendant union, Local No. 5 of Chicago of the Operative Plasterers and Cement Masons International Association of the United States and Canada. This agreement, June 1, 1955, which is to remain in full force and effect until June 1, 1960, provides, insofar as material, as follows:

"Article 5

    "Sec. 1. The Party of the Second Part (Local No. 5)
  agrees that its members will accept the wages
  stipulated in this Agreement or those which may be
  later fixed by the parties hereto, as the Union
  scale. (Bracketed material added)

"Article 6

    "Sec. 1. The members of the Party of the First Part
  (Employing Plasterer's Association of Chicago) agree
  that they will pay their employees members of the
  Party of the Second Part (Local No. 5), a sum of
  wages not less than those fixed by this contract, or
  which may be later agreed upon between the parties
  hereto. (Bracketed material added)

"Article 13

    "* * * Wage rates are to be negotiated yearly to
  take effect on June 1st unless otherwise agreed
  upon."

Pursuant to these Articles, the parties, through a negotiating committee, engaged in collective bargaining and negotiations on the subject of wages during the year 1957 and on May 29, 1957, entered into a written supplemental contract which reads as follows:

    "After much discussion for and against the raise in
  wages requested, the Board agreed to a raise of .15
  1/2 cents for two years beginning June 1, 1957, to
  June 1, 1959."

Plaintiff alleges that subsequent to this agreement, defendants have engaged in a host of diverse, "improper, unlawful and wrongful acts" for the purpose of forcing plaintiff to grant an additional wage increase in violation of the agreement of the parties. Because of these allegedly wrongful acts which run a full gamut from direct demands for collective bargaining on the subject of wages to the prejudicial publication and circulation of a certain "complete compilation", plaintiff alleges that an actual controversy exists between the parties and prays for a Declaratory Judgment determining the rights of the parties under the agreements of 1955 and 1957.

Defendants have moved to dismiss the complaint and for judgment upon the following grounds:

    "1. Sec. 301(a) does not apply to the subject
  matter of this suit;
    "2. Plaintiff is not a proper party plaintiff under
  either Sec. 301(a) or ...

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