MacKay

MacKay v. Loew's, Inc.

Good Law
182 F.2d 170·18 A.L.R. 2d 348·26 L.R.R.M. (BNA) 2143·1950 U.S. App. LEXIS 3567
United States Court of Appeals for the Ninth CircuitMay 1, 195012346California918 words

Opinion

Opinion

Orr, J.

Appellants, formerly employed as carpenters by appellees, brought separate actions in the United States District Court alleging the breach of certain collective bargaining contracts. Each complaint contains identical allegations. The cases have been consolidated on appeal for all purposes.

The original complaints for declaratory relief were dismissed because they disclosed upon their face that the contracts sued upon had theretofore expired by reason of provisions in said contracts contained. Thereafter amended complaints for damages were filed. The amended complaints were also dismissed on motion. From the judgments of dismissal these appeals were taken. The amended complaint alleged that appellants were members of Carpenters Studio Local No. 946 and were employed by appellees pursuant to certain collectively bargained contracts between the union and appellees. The contracts contained certain provisions for wage scales, working conditions and for a closed shop. Appellants were employed through the union hiring hall. It is further alleged that on September 23, 1946, appellees, in violation of the contracts, ordered appellants and all other members of the union then on the job to…

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