Ryan Aeronautical Co. v. International Union, United Automobile Aircraft & Agricultural Implement Workers

Plaintiff in the instant action seeks by its complaint an order enjoining the defendant from enforcing an arbitration award arising out of dispute involving a labor agreement. Jurisdiction is alleged to exist by virtue of Sec. 10, Title 9 U.S.C.A. and Sec. 301 of the Labor Management Relations Act of 1947 [Sec. 185, Title 29 U.S.C.A.].

The matter comes before the court on an order to show cause why a preliminary injunction pending a trial should not be granted. The court heretofore granted a temporary restraining order pending a hearing on the order to show cause.

A petition by plaintiff to vacate the award of the arbitrators was denied by the Superior Court of the State of California and the judgment of the Superior Court was affirmed by the California District Court of Appeals, Aug. 28, 1959, 343 P.2d 356 . A hearing was denied by the California Supreme Court.

The complaint on file alleges the following facts. In 1956 the plaintiff and defendant entered into a collective bargaining agreement wherein it was agreed that the defendant would be recognized as the sole bargaining agent for plaintiff’s employees. The agreement further provides that grievances will be submitted to…