Local 2608, Lumber Workers v. Millmen's Local 1495

Local 2608, Lumber and Sawmill Workers, United Brotherhood of Carpenters and Joiners, AFL-CIO (hereinafter referred to as plaintiff) brought this action against Millmen’s Local 1495, United Brotherhood of Carpenters and Joiners, AFL-CIO (hereinafter referred to as defendant) asking me to settle a representational dispute. It is alleged that jurisdiction is vested in this Court by Title 29 U.S.C.A. § 185 (a), Labor Management Relations Act of 1947, § 301(a).

Plaintiff having sought a preliminary injunction, defendant filed a motion to dismiss, alleging lack of jurisdiction of the subject matter. In view of the obvious need for immediate action, I gave priority to the proceeding, and the cause was heard, argued and submitted. In order to further expedite matters, a bare order was entered on November 13, 1958. In that order both the motion to dismiss and the request for a preliminary injunction were denied. This memorandum is in fulfillment of my promise that the order of November 13, 1958, would be supplemented by the reasoning behind the conclusions therein reached.

Both plaintiff and defendant had sought, and were actively seeking, the right to represent those employees at the…