Painting & Decorating Contractors Ass'n of Sacramento, Inc. v. Painters & Decorators Joint Committee of the East Bay Counties, Inc.

ORDER

In our Opinion in this case, 707 F.2d 1067 , we held that the lower court properly had jurisdiction over a nonsignatory to a labor agreement under § 301(a) of the Labor Management Relations Act of 1947 (“LMRA”), 29 U.S.C. § 185 (a). We stated, “All that is required for jurisdiction to be proper under § 301(a) is that the suit be based on an alleged breach of contract between an employer and a labor organization and that the resolution of the lawsuit be focused upon and governed by the terms of the contract.” 707 F.2d at 1071. We further held that the lower court was not precluded by the Norris-La Guardia Act, 29 U.S.C. §§ 101-115 , from issuing an injunction in this dispute, since the conflict is not a “labor dispute” within the meaning of that Act. 707 F.2d at 1070.

In its petition for rehearing, appellant Joint Committee argues that the two holdings noted above are irreconcilable. The Joint Committee maintains that § 301(a) jurisdiction is limited to “labor disputes.” Although § 301(a) is not so limited by its terms, 1 it was enacted as part of the same Act that elsewhere defined “labor dispute” in the same language as Norris-La Guardia. Compare LMRA §§ 101(9), 501(3),…