Sheet Metal Contractors Association of San Francisco, a Corporation v. Sheet Metal Workers International Association

Good Law
248 F.2d 307
United States Court of Appeals for the Ninth CircuitNovember 5, 195715355California5,790 words

Opinion

Opinion

Pope, J.

This action was brought by the Sheet Metal Contractors Association of San Francisco and by all 28 members of that association, against the Sheet Metal Workers International Association, Local Unions Nos. 104 and 75 of that association, and the Joint Industry Board of the Heating and Sheet Metal Industry of Marin, Sonoma, Mendocino, Lake, Napa and Solano Counties, California.

The complaint alleged violation and threatened violation of the provisions of subdivisions (a) and (b) of § 302 of the Labor Management Relations Act, 1947, ( 29 U.S.C.A. § 186 (a) and (b) ). The first of these subdivisions makes it unlawful for any employer to pay money or other thing of value to any representative of any of his employees who are employed in an industry affecting commerce; the second forbids any such representative to receive or accept any such money or thing of value.

The complaint predicated jurisdiction in the court below upon the provisions of subdivision (e) of § 302 which recites that district courts shall have jurisdiction to restrain violations of that section.

The members of the plaintiff association are, as the name of the Association indicates, contractors and employers of labor…

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