Studio Electrical Technicians Local 728 v. International Photographers of the Motion Picture Industries, Local 659

Good Law
53 A.L.R. Fed. 220·598 F.2d 551·101 L.R.R.M. (BNA) 2788·1979 U.S. App. LEXIS 14063
United States Court of Appeals for the Ninth CircuitJune 12, 197977-2541California1,641 words

Opinion

Opinion

Wright, J.

Local 728 of the International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators (International) appeals from a dismissal of its suit against the International and Local 659 for breach of the union’s constitution. It argues that the court erred in concluding that (1) jurisdiction was lacking under § 301(a) of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185 (a), and (2) it had failed to exhaust intra-union remedies. We affirm on the jurisdictional ground and do not reach the exhaustion question.

FACTS

Local 728 asserts that the union’s constitution was violated when the International allowed Local 659 to represent workers over whom Local 728 claims jurisdiction.

The constitution gives Local 728 jurisdiction over “all persons engaged as motion picture studio set electricians, floormen, lamp operators, and all persons engaged on all electrical apparatus used in the making and taking of motion and still pictures.” The constitution includes in Local 659’s jurisdiction “all persons engaged as directors of photography . . . and any person doing work and/or photography of any nature, kind, or description.”

In 1967 and 1969, the International,…

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