Merchants Refrigerating Co. of California v. Warehouse Union, Local No. 6

Plaintiff filed a suit in the California courts, seeking to enjoin the named defendant, its officers and members from striking in violation of a “no strike” clause in a collective bargaining agreement. The case was removed to this court. Plaintiff thereupon moved to remand to the state court on the ground that this court is without jurisdiction.

Defendant contends that the case should not be remanded for three reasons: First, because this court has jurisdiction to enforce the provision in the contract regarding arbitration; second, because the state court is without jurisdiction to grant the injunction; and, third, because to remand might create conflict between a state court decision in this case and the decision of this court in another case, involving the same contract, pending here between the parties.

As to the first contention, it is true that this court could enforce the arbitration clause of the contract, but that is not the object of plaintiff’s suit. The jurisdiction of the court must be determined from the allegations of the complaint. The question is, “Does the court have jurisdiction over the case as the plaintiff has set it forth in the complaint?” The question is…