HARRIS, District Judge.
This action, instituted in the United States District Court as between private parties, seeks injunctive relief and damages on behalf of a labor union, representing its membership, against the employer and other, named individuals. This is the substance of the complaint:
For approximately ten years plaintiff served as collective bargaining agent for the employees of defendant Sunset Line & Twine Co. In 1947, when plaintiff sought to renew its collective bargaining agreement with defendant, defendant refused to bargain collectively with plaintiff and refused to recognize plaintiff as the designated bargaining agency of its employees in violation of the provisions of the Labor Management Act of 1947, 29 U. S.C.A. § 141 et seq. Defendant Sunset Line & Twine Co., together with other defendants sued in this action, allegedly conspired to violate the law by refusing to bargain, by importing strike breakers, by intimidating pickets, and by refusing to present their side of the dispute to the conciliation service when requested to do so by plaintiff. These refusals have continued, according to the complaint.
Defendants have filed motions to dismiss; for the purposes of the motions the complaint may be regarded as true. In addition, the National Labor Relations Board sought and was allowed intervention'solely with respect to the claim and contention that this court is without jurisdiction. The several motions are substantially identical in their charging features:
(1) This court is without jurisdiction of the subject matter of the complaint,—
(a) The National Labor Relations Board is exclusive agent under the Labor Management Act to petition the District Court for injunctive relief;
(b) The District Court is not granted jurisdiction to issue injunctions or damages on behalf of private parties in such cases;
(c) Plaintiff has an adequate and exclusive remedy under the provisions of the Labor Management Act;
(d) Plaintiff has failed to comply with the provisions of Section 9 of the Labor Management Act;
(e) Plaintiff has not exhausted its remedies under the Labor Management Act;
(f) Plaintiff has failed to make every reasonable effort to settle the alleged dispute.
Upon the filing of the complaint an order to show cause why injunctive relief should not be granted was duly issued, and in response thereto the defendants set forth their position:
In addition to denying the allegations in the complaint setting forth violations of the Labor Management Act of 1947 defendants have alleged in their return that they bargained in good faith with plaintiff over an extended period of time and remain willing to do so; that negotiations were terminated because plaintiff refused to comply with the requirements of the Labor Management Act of 1947, and further, committed acts of violence against employees of defendant Sunset Line & Twine Co. The return further shows that defendants have made work available to plaintiff at any time that its members should wish to return to their positions of employment.
Plaintiff concedes: That prior to the amendments as embraced in the Labor Management Relations Act, 1947, hereinafter referred to as the “Act,” June 23, 1947,
Ch. 120,
Pub. 101, 61 Stat. 136, 29 U.S.C.A. § 141 et seq., plaintiff would necessarily have to seek redress before the National Labor Relations Board.
In this instance, however, it is sought to by-pass the Board and it is urged that this court assume jurisdiction upon the following grounds:
(a) That the Act does not provide for exclusive jurisdiction in the Board;
(b) That concurrent jurisdiction may be found in the Act, at least by implication;
(c) That as a matter of general policy this court should seize jurisdiction, for, as it is asserted, otherwise plaintiff will be deprived of any remedy for the alleged wrongs committed by the employer.
Arguments upon which these several propositions are grounded have been examined. They are not persuasive.
Prior to its amendment, the National Labor Relations Act conferred no private rights enforceable at the suit of private parties. Rather, it conferred solely public rights enforceable exclusively by the Board. Unless the Act, i. e., the so-called “TaftHartley” law, has broadened the scope of jurisdiction, it is manifest that this court is without power to entertain the suit. Two sections, 301 and 303, of the Act permit suits by private litigants in the United States District Courts. Section 301 * *
deals generally with a breach of contract; Section 303 * *
*
proscribes against secondary boycotts. Neither section is applicable to the facts herein.
The legislative history of the Act demonstrates that Congress did not intend to enlarge the rights of private litigants. Although jurisdictional strikes and secondary boycotts were made independently unlawful in Section 303 of the Act, and persons injured thereby were accorded a right to sue for damages in the district courts; nevertheless, it is clear that Congress did not intend, either by expression or by necessary implication, that private parties should have a right to injunctive relief even as an ancillary remedy in the permitted suit for damages.
The design and pattern of the Act make it clear that the specific injunctive processes expressly conferred upon the district courts by Section 10(1) * * *
, only become operable upon a petition filed on behalf of or through the administrative agency and not by a private party.
It is equally clear that the Board has exclusive power to determine whether unfair labor practices have been committed and to issue appropriate orders upon such determination.
Plaintiff would have this court discover jurisdiction by implication. The complaint sets forth no particular section of the Act upon which reliance is placed. It is broadly alleged that plaintiff is engaged in interstate commerce and that unfair labor practices have been perpetrated by defendants.
Matters of general policy and expediency were considered by Congress after lengthy, intense debate upon the subject of the Act. For this court to translate' “general policy” and “expediency” in order to fit the particular requirements of plaintiff herein necessarily would require judicial legislation.
Plaintiff has referred the court to several cases wherein it appears that by reason of the circumstances present, trial courts assumed jurisdiction based solely upon grounds of expediency and further assumed to write into the Act rights
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HARRIS, District Judge.
This action, instituted in the United States District Court as between private parties, seeks injunctive relief and damages on behalf of a labor union, representing its membership, against the employer and other, named individuals. This is the substance of the complaint:
For approximately ten years plaintiff served as collective bargaining agent for the employees of defendant Sunset Line & Twine Co. In 1947, when plaintiff sought to renew its collective bargaining agreement with defendant, defendant refused to bargain collectively with plaintiff and refused to recognize plaintiff as the designated bargaining agency of its employees in violation of the provisions of the Labor Management Act of 1947, 29 U. S.C.A. § 141 et seq. Defendant Sunset Line & Twine Co., together with other defendants sued in this action, allegedly conspired to violate the law by refusing to bargain, by importing strike breakers, by intimidating pickets, and by refusing to present their side of the dispute to the conciliation service when requested to do so by plaintiff. These refusals have continued, according to the complaint.
Defendants have filed motions to dismiss; for the purposes of the motions the complaint may be regarded as true. In addition, the National Labor Relations Board sought and was allowed intervention'solely with respect to the claim and contention that this court is without jurisdiction. The several motions are substantially identical in their charging features:
(1) This court is without jurisdiction of the subject matter of the complaint,—
(a) The National Labor Relations Board is exclusive agent under the Labor Management Act to petition the District Court for injunctive relief;
(b) The District Court is not granted jurisdiction to issue injunctions or damages on behalf of private parties in such cases;
(c) Plaintiff has an adequate and exclusive remedy under the provisions of the Labor Management Act;
(d) Plaintiff has failed to comply with the provisions of Section 9 of the Labor Management Act;
(e) Plaintiff has not exhausted its remedies under the Labor Management Act;
(f) Plaintiff has failed to make every reasonable effort to settle the alleged dispute.
Upon the filing of the complaint an order to show cause why injunctive relief should not be granted was duly issued, and in response thereto the defendants set forth their position:
In addition to denying the allegations in the complaint setting forth violations of the Labor Management Act of 1947 defendants have alleged in their return that they bargained in good faith with plaintiff over an extended period of time and remain willing to do so; that negotiations were terminated because plaintiff refused to comply with the requirements of the Labor Management Act of 1947, and further, committed acts of violence against employees of defendant Sunset Line & Twine Co. The return further shows that defendants have made work available to plaintiff at any time that its members should wish to return to their positions of employment.
Plaintiff concedes: That prior to the amendments as embraced in the Labor Management Relations Act, 1947, hereinafter referred to as the “Act,” June 23, 1947,
Ch. 120,
Pub. 101, 61 Stat. 136, 29 U.S.C.A. § 141 et seq., plaintiff would necessarily have to seek redress before the National Labor Relations Board.
In this instance, however, it is sought to by-pass the Board and it is urged that this court assume jurisdiction upon the following grounds:
(a) That the Act does not provide for exclusive jurisdiction in the Board;
(b) That concurrent jurisdiction may be found in the Act, at least by implication;
(c) That as a matter of general policy this court should seize jurisdiction, for, as it is asserted, otherwise plaintiff will be deprived of any remedy for the alleged wrongs committed by the employer.
Arguments upon which these several propositions are grounded have been examined. They are not persuasive.
Prior to its amendment, the National Labor Relations Act conferred no private rights enforceable at the suit of private parties. Rather, it conferred solely public rights enforceable exclusively by the Board. Unless the Act, i. e., the so-called “TaftHartley” law, has broadened the scope of jurisdiction, it is manifest that this court is without power to entertain the suit. Two sections, 301 and 303, of the Act permit suits by private litigants in the United States District Courts. Section 301 * *
deals generally with a breach of contract; Section 303 * *
*
proscribes against secondary boycotts. Neither section is applicable to the facts herein.
The legislative history of the Act demonstrates that Congress did not intend to enlarge the rights of private litigants. Although jurisdictional strikes and secondary boycotts were made independently unlawful in Section 303 of the Act, and persons injured thereby were accorded a right to sue for damages in the district courts; nevertheless, it is clear that Congress did not intend, either by expression or by necessary implication, that private parties should have a right to injunctive relief even as an ancillary remedy in the permitted suit for damages.
The design and pattern of the Act make it clear that the specific injunctive processes expressly conferred upon the district courts by Section 10(1) * * *
, only become operable upon a petition filed on behalf of or through the administrative agency and not by a private party.
It is equally clear that the Board has exclusive power to determine whether unfair labor practices have been committed and to issue appropriate orders upon such determination.
Plaintiff would have this court discover jurisdiction by implication. The complaint sets forth no particular section of the Act upon which reliance is placed. It is broadly alleged that plaintiff is engaged in interstate commerce and that unfair labor practices have been perpetrated by defendants.
Matters of general policy and expediency were considered by Congress after lengthy, intense debate upon the subject of the Act. For this court to translate' “general policy” and “expediency” in order to fit the particular requirements of plaintiff herein necessarily would require judicial legislation.
Plaintiff has referred the court to several cases wherein it appears that by reason of the circumstances present, trial courts assumed jurisdiction based solely upon grounds of expediency and further assumed to write into the Act rights
and remedies not provided for, solely on broad equitable grounds.
In Styles v. Local 74, etc., D.C., 74 F. Supp. 499, 501, the court, in discussing the problem of jurisdiction, said in part:
“This tribunal has no jurisdiction to settle the controversy between the contesting parties. The Congress has seen fit to place jurisdiction with the National Labor Relations Board and thereafter by adequate procedural provisions in the Circuit Court of Appeals and the Supreme Court. The only jurisdiction in this court is for injunctive relief pending the hearing and decision by the National Labor Relations Board.”
Plaintiff places heavy reliance upon Texas & N. O. R. Co. v. Brotherhood of Ry. & S. S. Clerks, 281 U.S. 548, 50 S.Ct. 427, 74 L.Ed. 1034. The controversy arose under the Railway Labor Act, 45 U.S.C.A. § 151 et seq., and is without controlling effect. The pattern of the legislation under consideration in the case at bar provides for the preservation of rights and sets up adequate machinery within the jurisdiction of the National Labor Relations Board to enforce and preserve the rights.
In finality, plaintiff asserts that perforce this court has concurrent jurisdiction as a matter of general policy for the reason and upon the ground that during the course of the legislative debates in Congress “most of the organized labor movement, including its chief spokesmen such as the executive officers of the American Federation of Labor and the Congress of Industrial Organizations among others, announced publicly and before various Senate and House Committee-s that they did not propose to file the affidavits and documents required * * * .” As a condition precedent to obtaining the benefits of the Act, it is required that the plaintiff file an affidavit and provide additional information.
Plaintiff, continuing, asserts: “It must have been the intent of Congress that if the labor organization chose not to avail itself of the facilities of the National Labor Relations Board because it preferred not to file the affidavits and documents required, then another forum should be provided where the employer’s unfair labor practices could be subject to scrutiny and restraint."
This latter contention on the part of plaintiff has some degree of novelty, but cannot be accepted as a canon of interpretation or construction, either with respect to the intent of the legislators or as to the wisdom or purposes of the Act.
It is manifest that plaintiff has not seen fit to invoke the jurisdiction of the National Labor Relations Board in the manner clearly provided for. This suit represents a circuitous method or means of avoiding or attempting to avoid the clear mandate of the statute. To say that the United States District Courts, under such circumstances, have concurrent jurisdiction is to create therein a forum for every conceivable labor-management grievance which properly reposes within the confines, province and exclusive jurisdiction of the Board.
Accordingly, the motion to dismiss is granted and the order to show cause discharged.