Silverton

Silverton v. Valley Transit Cement Co.

Good Law
249 F.2d 409·41 L.R.R.M. (BNA) 2111
United States Court of Appeals for the Ninth CircuitNovember 4, 1957No. 15055California679 words

Opinion

Lead Opinion

Beaumont Silverton, a member, representative, and secretary of the named union, 1 brought this action against a corporation with which the union had a collective bargaining agreement. Asserting that defendant had failed to pay the wages of thirteen union employees at the rates specified in the collective bargaining agreement, plaintiff sought an accounting and damages. Diversity of citizenship was not alleged, jurisdiction being asserted under § 301 of the Labor Management Relations Act of 1947 ( 29 U.S.C.A. § 185 ).

The only question presented on this appeal is whether the trial court erred in entering judgment of dismissal for lack of jurisdiction.

The complaint consists of twenty-six causes of action, only the first thirteen of which are involved on this appeal. It is alleged in each such cause of action that, with respect to a particular named employee, defendant had failed to pay wages at the rates specified in the collective bargaining agreement. On information and belief, it is alleged that there is, accordingly, due each employee the approximate sum set out in an attached exhibit. The sums so listed range from $1,000 to $5,000 per employee. In each cause of action it is…

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