Legal Opinion

Children's Rehabilitation Center, Inc., a Corporation v. The Service Employees International Union, Local No. 227, Afl-Cio

Court of Appeals for the Third Circuit

Decided December 23, 1974No. 73-1748PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

HASTIE, Circuit Judge.

On motion, the district court dismissed, for failure to state a claim upon which relief could be granted, an employer’s action for money damages for breach of contract against a union that represented its employees. The action was brought under Section 301 of the Labor-Management Relations Act of 1947. 29 U.S.C. § 185.

The complaint alleged that a strike, which had begun on December 4, 1972 and was still in progress, had been called by the union in violation of a no strike provision in the parties’ labor contract. For this breach damages were claimed…

2Cases cited6 opinions

  1. Drake Bakeries Inc. v. Local 50, American Bakery & Confectionery Workers InternationalSupreme Court of the United States · 1962
  2. Local Union No. 721, United Packinghouse, Food & Allied Workers v. Needham Packing Co.Supreme Court of the United States · 1964
  3. United Electrical, Radio & MacHine Workers of America (Ue), Local 1113 v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1955
  4. Boeing Airplane Co. v. Aeronautical Industrial Dist. Lodge No. 751District Court, W.D. Washington · 1950
  5. Boeing Airplane Co. v. Aeronautical Industrial District Lodge No. 751, International Ass'n of MacHinistsCourt of Appeals for the Ninth Circuit · 1951

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3Cited by6 opinions

  1. United Steelworkers of America, Afl-Cio-Clc v. National Labor Relations Board, the Dow Chemical Company, IntervenorCourt of Appeals for the Third Circuit · 1976
  2. Mulvaney Mechanical, Inc. v. Sheet Metal Workers International Association, Local 38Court of Appeals for the Second Circuit · 2002
  3. Crowley v. City and County of San FranciscoCalifornia Court of Appeal · 1976
  4. Brewery Drivers & Helpers Local No. 133 v. Grey Eagle Distributors, Inc.Court of Appeals for the Eighth Circuit · 1979
  5. Brewery Drivers & Helpers Local No. 133 Of St. Louis, Missouri v. Grey Eagle Distributors, Inc.Court of Appeals for the Eighth Circuit · 1979

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