Hotel & Restaurant Employees Local 400 v. Ruby Svacek

The appellant local union brought suit in District Court against one of its members for a money judgment of $300, alleging violation of the union constitution and by-laws. Jurisdiction was based on § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 . The District Court dismissed for lack of jurisdiction.

We affirm.

Upon oral argument, it was indicated that the basis of the claim was a fine sought to be imposed upon Svacek for crossing a union picket line during a strike. In effect, the court was asked to enter an intra-union dispute.

The union urges that § 301 has been broadly interpreted, citing Retail Clerks, etc. v. Lion Dry Goods, Inc., 369 U.S. 17 , 82 S.Ct. 541 , 7 L.Ed.2d 503 (1962). It was there held that § 301 applied to a suit alleging violation of a strike settlement agreement reached under the auspices of a mediator.

In Humphrey v. Moore, 375 U.S. 335 , 84 S.Ct. 363 , 11 L.Ed.2d 370 (1964) an award by a joint employer-employee grievance settlement committee was held to be a “contract” for purposes of jurisdiction under § 301.

But we cannot agree with the appellants’ contention that the union constitution is a “contract” authorizing the District Court to…