Washington Local Lodge No. 104 of International Brotherhood of Boilermakers v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers

Each of these related cases was filed originally in a state court. Because the plaintiffs in each case did not contest the defendant’s petition to remove to federal court, the district courts made no findings on the question of federal jurisdiction. For a determination of the difficult jurisdictional issues, we must remand to the district courts.

FACTS

The International Brotherhood of Boilermakers held hearings in the spring of 1979 in Portland and Seattle to solicit union members’ views on proposed changes in union jurisdiction. Following the hearings, and pursuant to the Union Constitution, the International’s Executive Council determined that these changes would be made:

(1) field construction workers, previously members of the same locals as ship and dock workers, would be transferred to newly-created field construction locals;

(2) the new field construction locals would be affiliated with a new district lodge for the Pacific Northwest.

In response to these announced changes, the present actions were filed. In No. 79-4227, Local 104 and some union members brought an action in state court in Seattle to halt the proposed changes. After removal, the federal district judge…