Legal Opinion

Neider v. J. G. Van Holten & Son, Inc.

Wisconsin Supreme Court

Decided March 4, 1969No. 44PublishedCited by 3 opinions

1Opinion of the CourtHallows, C. J.

On this appeal Neider does not seem to question these findings of the trial court but rather ignores them in his claim that the Union had a duty to represent him and he should be reinstated even though his application was not timely made.

We observe at the outset this suit for wrongful discharge is properly brought in the state court since it is permitted under sec. 301 (a) of the Labor Management Relations Act of 1947 (Taft-Hartley Act), 61 Stat. 156, 29 U. S. Code 185 (a). Although a state court has jurisdiction, it must apply federal law. Smith v. Evening News Asso. (1962), 371 U. S. 195,…

2Cases cited11 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  3. Smith v. Evening News Assn.Supreme Court of the United States · 1962
  4. Humphrey v. MooreSupreme Court of the United States · 1964
  5. Clark v. Hein-Werner Corp.Wisconsin Supreme Court · 1959

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. WERCWisconsin Supreme Court · 1974
  2. Gutierrez v. Gaffers and Sattler Corp.California Court of Appeal · 1970
  3. State v. Wisconsin Employment Relations CommissionWisconsin Supreme Court · 1974

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