Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

DUQUOIN PK. v. LOCAL P-156

January 29, 1971

DUQUOIN PACKING COMPANY, A CORPORATION, DUQUOIN, ILLINOIS, PLAINTIFF,
v.
LOCAL P-156, AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Juergens, Chief Judge.

MEMORANDUM AND ORDER

This suit was originally filed in the Circuit Court of the Twentieth Judicial Circuit, Perry County, Illinois, and subsequently removed on petition for removal by defendants, alleging jurisdiction under the provisions of Section 301(a) of the Labor Management Relations Act (29 U.S.C.A. § 185(a)).

The complaint as originally filed contained only one count and charged defendant Local P-156, Amalgamated Meat Cutters and Butcher Workmen of America, and named individuals. Following removal, plaintiff amended its complaint, setting forth its cause of action in Count I against defendant Local P-156, Amalgamated Meat Cutters and Butcher Workmen of America, and plead alternatively in Count II a cause of action against the named individuals as individuals and not as agents of the union.

Defendants move to strike and dismiss the amended complaint, alleging in support of their motion that Count I of the amended complaint fails to state any claim upon which relief can be granted; that the Court has no jurisdiction over the subject matter of the claim attempted to be stated against the individual defendants in Count II; and that Count II of the amended complaint fails to state any claim upon which relief may be granted in favor of the plaintiff.

The heart of the complaint in both counts is a no-strike clause contained in a collective bargaining agreement between plaintiff and defendant union. The complaint alleges that the collective bargaining agreement contains a no-strike clause and a grievance procedure by which grievances were to be settled amicably or by arbitration and that the no-strike clause was violated.

Defendant union moves to dismiss Count I for the reasons that the complaint does not set forth adequately allegations upon which responsibility can be imputed to the local, that the only allegations contained in Count I are wholly conclusionary and are directly contradicted by other allegations of Count I, and that it is clear from the complaint that the local did not call the strike and that it was in fact cooperating with plaintiff in attempting to resolve the alleged problem. Defendant union does not contend that this Court lacks jurisdiction to entertain this cause of action, nor could it so contend in the light of its allegations in its petition for removal. It is clear that the cause of action against the defendant union is within the original jurisdiction of this Court under the provisions of § 301(a) of the Labor Management Relations Act (Title 29 U.S.C. § 185(a)). It is equally clear that this cause was properly removed to this Court within the purview of the removal statute, namely, 28 U.S.C. § 1441(b), which provides for removal of actions founded on a claim arising under the Constitution, treaties or laws of the United States without regard to citizenship or residence of the parties.

Count I of the amended complaint, and specifically in paragraph 8, alleges that the union, its servants, agents and representatives have engaged in a strike and have refused to work and have engaged in picketing of plaintiff's premises and have approved and ratified the strike and picketing.

The defendant's motion to dismiss Count I of the complaint will be denied.

The motion to dismiss Count II raises the same objections as are raised against Count I, but raises other matters in addition to those levied against Count I.

Suffice it to say that Count II does contain a short, plain statement of the grounds upon which the Court's jurisdiction depends and also alleges facts upon which the cause of action is founded. If the court in fact has jurisdiction and if causes of action may be maintained by an employer against individual employees on the basis of a violation by them individually of the provisions of a collective bargaining agreement between the employer and the union under the provision of § 301(a), then Count II is not vulnerable to a motion to dismiss.

Section 301(a) of the Labor Management Relations Act (29 U.S.C. § 185(a)) provides as follows:

    "(a) 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."

Congress has directed the courts to formulate and apply Federal law to suits for violation of collective bargaining contracts. There is no constitutional difficulty and § 301 is not to be given a narrow reading; § 301 has been applied to compel arbitration of individual grievances pertaining to rates of pay, hours of work and wrongful discharge, to obtain specific enforcement of an arbitrator's award ordering reinstatement and back pay to individual employees, to recover wage increases in a contest over the validity of the collective bargaining contract, and to suits against individual union members for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.