International Union of Doll & Toy Workers v. Metal Polishers, Buffers, Platers & Helpers International Union

Plaintiff unions brought this action in equity to compel specific performance of an arbitration award made in their favor pursuant to the provisions of a so-called non-raiding agreement. De fendant unions and defendant Regional Director for the National Labor Relations Board (hereinafter “the Board”) now move to dismiss for lack of jurisdiction over the subject matter. [Fed.R. Civ.P. rule 12(b) (1), 28 U.S.C.A.]

Stated as briefly as seems practicable, the facts as alleged in plaintiffs’ complaint are these. On or about June 9, 1954, plaintiff International Union of Doll & Toy Workers of the United States and Canada, AFL-CIO (hereinafter the “Toy Workers Union”), and defendant Metal Polishers, Buffers, Platers & Helpers International Union, AFL-CIO (hereinafter the “Metal Polisher’s Union”), entered into a “non-raiding” agreement, whereby each union agreed, inter alia:

The employees of Cadmium and Nickel Plating Company, (hereinafter the “Company”) had as their sole collective bargaining representative plaintiff Local 802 of the Toy Workers Union (hereinafter “Local 802”).

On or about February 4, 1959, defendant Local 67 of the Metal Polishers Union (hereinafter “Local 67”)…