Silverton

This cause having come before the Court for hearing on defendants’ motion filed October 31, 1955, to dismiss the action, and plaintiff’s motion filed November 16, 1955, to amend his complaint to join the claimant employees as co-plaintiffs; and the motions having been submitted for decision; and it appearing to the Court:

(1) That this action was commenced on March 27, 1953, by the plaintiff, “Beaumont Silverton, individually and as a member, representative and Secretary of Teamsters Local Union No. 898, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehouse-men and Helpers of America, and the American Federation of Labor, an unincorporated Association”;

(2) That § 301 of the Labor-Management Relations Act of 1947,. 29 U.S.C.A. § 185 does not confer upon this Court jurisdiction of the claims for unpaid wages asserted by the Union as assignee in the first thirteen causes of action, Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp., 1955, 348 U.S. 437, 461 , 75 S.Ct. 489 , 99 L.Ed. 510 ; and the Court has no jurisdiction of such claims in the absence of diversity of citizenship, see: 28 U.S.C. § 1332 ; United Protective *711…