NDK Corp. v. Local 1550 of United Food & Commercial Workers International Union

PRESIDING JUSTICE LINN

delivered the opinion of the court:

Plaintiff employer brought an action in State court to rescind a collective bargaining agreement entered into with defendant Union. The complaint alleged that the parties had engaged in lack of good faith bargaining in negotiating the contract, conduct prohibited as an unfair labor practice under the National Labor Relations Act. 29 U.S.C. sec. 158 (1982).

Defendant filed a motion to dismiss on the ground that the State court lacked jurisdiction over an action that involved unfair labor practices within the exclusive jurisdiction of the…