John Otero and Grace Otero, His Wife v. International Union of Electrical, Radio and MacHine Workers (Iue) an Association

The district court had jurisdiction of this action, though not by reason of diversity, which does not here exist. 28 U.S.C. § 1332 ; United Steel Workers of America v. Bouligny, Inc., 382 U.S. 145, 150-151 , 86 S.Ct. 272 (1965). Jurisdiction depends on the existence herein of a collective bargaining contract between an employer (itself a union) and a “labor organization” representing the employer’s employees. (See. 301, Labor Management Relations Act of 1947, 29 U.S. C., Sec. 185).

The undisputed facts presented by affidavits on the motion heard indicate a settlement was arrived at after proceedings were instituted by the union representing the employee (herein Council of Industrial Organizers, or “Council”) on Otero’s behalf. These proceedings were but partially completed; and had proceeded to, but not through, available arbitration proceedings (Motion for Summary Judgment, Exhibit A, Contract; Article VII, Sec. 2). At that point, a complete and final settlement was agreed upon between the Union employer (IUE) and the employee’s designated representative (Council), which involved a change of position on each side and the delivery of two substantial sums of money to Otero. While…