Local Union No. 11, International Brotherhood of Electrical Workers, Afl-Cio v. G. P. Thompson Electric, Inc.

The appellant is a labor organization within the meaning of the Labor-Management Relations Act. The appellee is an employer in an industry affecting commerce within the meaning of such Act. They are parties to a Collective Bargaining Agreement which contains provisions which require employers to contribute specified payments to two Trust Funds established by the terms of the Agreement. The Agreement also contains provisions for the arbitration of disputes which cannot be amicably adjusted.

On or about December 2, 1964, appel-lee and other employers, parties to said Collective Bargaining Agreement, filed an action in the United States District Court for the Southern District of California, Central Division, seeking to enjoin the appellant and others from demanding or accepting payments into said Trust Funds on the grounds that the Trust Funds had never been properly established and were void and in violation of Sec. 302 of the Labor-Management Relations Act of 1947, as amended. See: Auten, et al. v. Local Union No. 11, et al., No. 64-1670, Southern District of California, Central Division.

On December 31, 1964, appellant filed its answer to the complaint which admitted specified…