United Air Lines, Inc. v. Division of Industrial Safety of Department of Industrial Relations

The Division of Industrial Safety of the Department of Industrial Relations of the State of California (“Division”) and the Occupational Safety and Health Appeals Board for the State of California (“Board”) appeal from the district court’s order granting United Air Lines’ (“United”) motion for a preliminary injunction'preventing the Division and the Board from enforcing, or attempting to enforce, California’s health and safety laws at United’s operation and maintenance facilities at the San Francisco International Airport. 1

It is Hornbook Law that federal jurisdiction must affirmatively appear in the complaint. Phillips Petroleum Co. v. Texaco, 415 U.S. 125, 127-28 , 94 S.Ct. 1002, 1003-04 , 39 L.Ed.2d 209, 212 (1974); Pan American Petroleum Corp. v. Superior Court, 366 U.S. 656, 662 , 81 S.Ct. 1303, 1307 , 6 L.Ed.2d 584, 589 (1961); Home Federal Savings & Loan Ass’n v. Insurance Dep’t of Iowa, 571 F.2d 423, 425-26 (8th Cir. 1978). Jurisdiction does not appear in plaintiff’s complaint in this case. 2 We reverse.

United asserts federal question jurisdiction founded on 28 U.S.C. §§ 1331 ,1337. It *816 argues that the provision in the California Labor Code setting the Division’s…