Associated Tel. Co. v. Communication Workers

This case concerns a motion to remand to the state court, and raises the question as to the interpretation and scope of Sec. 301(a) of the Labor Management Act of 1947, 29 U.S.C.A. § 185 (a).

The plaintiff Telephone Company brought action in the state court against the defendant Union, and various of its locals, officers and members, alleging the prior existence of a strike; picketing in connection therewith; a written settlement of the dispute, in which the Union had agreed in part, “there shall be no action taken by either party which would discriminate between employees who participated in the strike and those who did not;” that following execution of the settlement agreement, the defendants had proceeded to place various members on trial and levied fines against some of them, and were proceeding with numerous other similar cases. The plaintiff demanded damages and an injunction. While the matter was in the state court and before its removal to the district court, plaintiff amended its complaint and struck out all reference to damages.

Thereafter, the defendants removed the case to the district court, alleging in the petition for removal that defendant Communication Workers…