Merit Steel Co. v. International Ass'n of Bridge, Structural & Ornamental Ironworkers Local 395

684 F. Supp. 1007, 1988 U.S. Dist. LEXIS 4467, 1988 WL 48616
CourtDistrict Court, N.D. Indiana
DecidedApril 7, 1988
DocketCiv. No. H88-139
StatusPublished
Cited by1 cases

This text of 684 F. Supp. 1007 (Merit Steel Co. v. International Ass'n of Bridge, Structural & Ornamental Ironworkers Local 395) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Merit Steel Co. v. International Ass'n of Bridge, Structural & Ornamental Ironworkers Local 395, 684 F. Supp. 1007, 1988 U.S. Dist. LEXIS 4467, 1988 WL 48616 (N.D. Ind. 1988).

Opinion

AMENDED ORDER

LOZANO, District Judge.

This matter is before the Court on a Motion for Expedited Consideration of plaintiff’s Motion to Remand to state court in light of Amended Complaint, filed by the plaintiff, Merit Steel Company, Inc. (Hereafter, Merit) on March 28, 1988. For the reasons set forth below, The Motion to Expedite is GRANTED, the Order of Referral to the U.S. Magistrate is VACATED, the Motion to Remand is GRANTED and the case is remanded to the state court. BACKGROUND

On March 9, 1988, Merit filed a Verified Complaint For Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction in Porter Superior Court seeking relief pursuant to Indiana Code 22-6-1-1 et seq. against the above-captioned defendants (Hereafter collectively, the Unions). The State Court entered a Temporary Restraining Order, and on March 14, 1988, The Unions removed the case to this federal court on the basis of a federal question, namely: An action pursuant to § 303 of The Labor-Management Relations Act of 1947, 29 U.S.C. § 187 (LMRA). On March 17, 1988, Merit filed a Motion to Remand to State Court, which this Court, by Order dated March 22, 1988, denied on the basis that there were sufficient allegations in [1009]*1009Merit’s Complaint implicating a federal question. The case was then referred to the Magistrate for purposes of a hearing on the Motion for Preliminary Injunction.

However, on March 23, 1988, before the Unions answered, Merit filed an Amended Complaint for Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction. Merit also filed a Motion to Remand in light of the Amended Complaint.

DISCUSSION

Merit contends that its Amended Complaint eliminates any references to any possible federal law claims, and that since the Complaint is aimed at enjoining the Unions unlawful and violent conduct based solely on state law, the suit should be remanded to the state court. However, the Unions contend that the Amended Complaint, on its face, implicates a federal question in that the Amended Complaint contains allegations that defendants are engaged in unlawful conduct, which is interfering with Merit’s business relationships. The Union also contends that Merit is engaged in “artful pleading”, and that by amending its Complaint Merit is attempting to avoid all references to federal law claims when in essence, the real nature of Merit’s claim is federal and the case is properly before this federal court. Alternatively, the Unions’ claim that this court may still retain jurisdiction over this case under its pendent jurisdiction due to plaintiff’s manipulative attempts to defeat federal jurisdiction.

There is no dispute that the plaintiff is the master of its Complaint and, “jurisdiction may not be sustained on a theory that the plaintiff has not advanced.” Merrell Dow Pharmaceuticals, Inc. v. Thompson, 478 U.S. 804, 106 S.Ct. 3229, 3233, n. 6, 92 L.Ed.2d 650 (1986); Franchise Tax Board v. Construction Laborers Vacation Trust, 463 U.S. 1, 22, 103 S.Ct. 2841, 2853, 77 L.Ed.2d 420 (1983); Lingle v. Norge Division of Magic Chef, Inc., 823 F.2d 1031, 1040 (7th Cir.1987); City of Valparaiso, Indiana v. Ironworkers Local Union 395, 669 F.Supp. 912, 914, n. 4 (N.D.Ind.1987). However, plaintiff may not “purposely frame his or her action under state law and omit the federal questions that are essential to recovery.” Franchise Tax Board, 463 U.S. at 22, 103 S.Ct. at 2853; Lingle, 823 F.2d at 1040; Oglesby v. RCA Corp, 752 F.2d 272, 275 (7th Cir.1985); Valparaiso, 669 F.Supp. at 914. The artful pleading doctrine requires the court to look more closely at the plaintiff’s allegations. Lingle, 823 F.2d at 1040.

The issue in this case involves a determination of this court’s jurisdiction. This determination is predicated on the characterization of plaintiff’s claim. If Merit is seeking to protect its business relationships and recover damages for the alleged unlawful secondary activity, the case is properly before this federal court. However, if Merit is seeking to enjoin unlawful and violent conduct occurring at its Kouts facility in Indiana, the state court is the appropriate forum. § 303 of the LMRA, 29 U.S.C. § 187 allows a party harmed by unlawful secondary activity in violation of 29 U.S.C. 158(b)(4) to bring suit in federal court. Landgrebe Motor Transport, Inc. v. District 72, International Association of Machinists and Aerospace Workers, AFL-CIO, 763 F.2d 241, 244 (7th Cir.1985); Valparaiso, 669 F.Supp. at 913. “Sub-section (b) gives any individual injured in his business or property by a violation of sub-section (a) a right of action for the right of damages sustained and the cost of the suit. 29 U.S.C. § 187(b). Landgrebe, 763 F.2d, at 244.

However, state law also provides relief for violent activity occurring inthe area of labor disputes. Farmer v. United Brotherhood of Carpenters and Joiners of American, Local 25, 430 U.S. 290, 301-03, 97 S.Ct. 1056, 1064-65, 51 L.Ed.2d 338 (1977); United Steelworkers of America, AFL-CIO-CLC v. Northern Indiana Public Service Co., 436 N.E.2d 826, 829; and Indiana’s Anti-Injunction Act, I.C. 22-6-1-6. It is true that the purpose of Indiana’s Act is to minimize judicial control over conduct related to labor disputes. However, the Act is identical to the federal NorrisLaGuardia Act and interpretations of the federal Act by federal courts are helpful in construing Indiana’s Act. United Steel[1010]*1010workers, 436 N.E.2d at 829. In fact, one federal court has held that the Norris Act itself, “implicitly recognizes the threatened commission of violent acts as a condition under which an injunction may issue.” Scott v. Moore, 640 F.2d 708, 714 (5th Cir.1981). Therefore, if the plaintiffs Complaint contains all the factual assertions enumerated by the Act, I.C. 22-6-1-6, the Indiana state court can provide injunctive relief against threatened or unlawful acts causing injury to plaintiff’s property. Contra International Assoc. of Machinists and Aerospace Workers, Local 1227, v. McGill Mfg. Co., Inc., 164 Ind.App. 321, 328 N.E.2d 761, 765 (1975).

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684 F. Supp. 1007, 1988 U.S. Dist. LEXIS 4467, 1988 WL 48616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merit-steel-co-v-international-assn-of-bridge-structural-ornamental-innd-1988.