Gibbons
Gibbons v. Trapnell
Opinion
lead Opinion
Mathes, J.
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 3, 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 9,1954, by the plaintiff, “Richard Gibbons, as a member, representative, Secretary-Treasurer, and on behalf of the membership of Truckdrivers, Warehousemen & Helpers, Local Union No. 898, of the International -Brotherhood of Teamsters, Chauffeurs, Ware-housemen and Helpers of America, A. F. of L., an unincorporated association”;
(2) That in the first cause of action for injunctive relief against an alleged breach of a collective bargaining agreement, plaintiff invokes the jurisdiction of this Court under § 301(a) of the Labor Management Relations Act of 1947 [ 29 U.S.C.A. § 185 (a)], but the Act does not confer upon this Court jurisdiction of such a claim for injunctive relief (see: Associated Tel. Co., Ltd. v. Communications Workers, D.C.S.D.Cal.1953, 114 F.Supp. 334 ; International Longshoremen’s etc., Union Local…