Joel

Joel v. Rosseter

Good Law
15 F. Supp. 914·1936 U.S. Dist. LEXIS 2130
United States District Court, Northern District of CaliforniaApril 14, 1936No. 4017California492 words

Opinion

Lead Opinion

Norcross, J.

Motions to dismiss complainants’ bill of complaint upon the ground that the same fails to allege facts entitling complainants to equitable relief in this court have been interposed upon the part of defendants, and submitted.

The relief prayed for in the bill of complaint is mainly injunctive to restrain certain proceedings now pending under authority of the National Labor Relation’s Board appointed under the provisions of the Act of Congress of July 5, 1935. National Labor Relations Act, 49 Stat. 449 , c. 372, §§ 1-16, 29 U.S.C.A. §§ 151-166 . ,

Complainants are members of Ship Clerks' Association of the Bay of San Francisco and its Tributaries, Local 38-90 of the International Longshoremen’s Asso *915 ciation, which association has been made defendant in this proceeding. It is alleged in the complaint that the said Ship Clerks’ Association is composed of members “some of whom are employed on an hourly or daily basis and the remainder of whom are monthly clerks.”

It appears from the allegations of the complaint that the matter presented for consideration before the National Labor Relations Board is compensation which should be allowed and paid to the monthly clerks as…

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