Labor Law—Removal of Action Brought for Breach of No-Strike Clause in Collective Bargaining Contract—Avco Corp. v. Aero Lodge 735, International Association of Machinists, 376 F.2 337 (6th Cir. 1967), cert. granted, 88 S. Ct. 103 (1967)
A series of work stoppages by members of the defendant union resulted in a plantwide strike on plaintiff's plant in Nashville, Tennessee, on October 15, 1965. Avco, alleging a violation of the existing collective bargaining agreement, brought an action in a Tennessee state court seeking to enjoin the strike, and asking for general relief. A temporary injunction was granted and the union filed a petition for removal of the action to United States district court. Upon removal, the union moved for dissolution of the temporary restraining order and dismissal of the action on the basis that the district court had no power to issue or maintain the injunction due to the restrictions of the Norris–La Guardia Act, and Avco moved to remand to the state court on the grounds that the complaint was founded on a breach of contract arising under state law and not on a "claim or right arising under the Constitution, Treaties or laws of the United States." Avco also contended that the district court did not have jurisdiction of the action by virtue of the anti-injunction provisions of the Norris–La Guardia Act. The district court denied Avco's motion to remand to the state court, and Avco appealed. Held, affirmed. The district court does have original jurisdiction of the action under the provisions of section 301 of the Taft-Hartley Act. But this holding of the Court of Appeals for the Sixth Circuit is in direct conflict with the holding of the third circuit in American Dredging Co. v. Local 25, Marine Division Union of Operating Engineers, AFL-CIO, which is expressly repudiated by the court in Avco. In order to insure a consistent body of federal labor law this issue must be resolved and hopefully will be resolved by the Supreme Court in its October 1967 term.
William E. Marsh,
Labor Law—Removal of Action Brought for Breach of No-Strike Clause in Collective Bargaining Contract—Avco Corp. v. Aero Lodge 735, International Association of Machinists, 376 F.2 337 (6th Cir. 1967), cert. granted, 88 S. Ct. 103 (1967),
47 Neb. L. Rev. 155
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