Manis

MEMORANDUM AND ORDER GRANTING MOTION TO REMAND

Plaintiff’s motion to remand this case to the Superior Court of the State of California in and for the County of Orange came on for hearing on March 22, 1971. Counsel for all parties appeared and argued the motion, and it was ordered submitted.

In his complaint filed in the Superior Court and thereafter removed to this court, plaintiff alleged four causes of action: (1) declaratory judgment regarding wrongful discharge, against defendants North American and Local 887; (2) breach of contract, against defendant North American; (3) slander, against defendant North American; and (4) breach of duty of fair representation, against defendant Local 887. Local 887 timely filed a petition for removal pursuant to 28 U.S.C. §§ 1441 (c) and 1446. North American did not join in this petition, but did file a consent to removal, after this motion to remand had been filed and after the time for filing a petition for removal had expired.

The first question presented is whether defendant North American was required to join in the petition for removal. Defendants agree that claims (1), (2), and (4) were removable to this court, see 29 U.S.C. § 185 ,…