Waggoner v. R. McGray, Inc.

HUFSTEDLER, Circuit Judge:

These consolidated appeals require us to decide whether a federal court may entertain an unfair labor practice defense to enforcement of a collective bargaining agreement in an action pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, before the National Labor Relations Board (“NLRB”) has exercised primary jurisdiction over the unfair *1231labor practice charge. We hold that the NLRB’s primary jurisdiction precludes federal courts from acting as the initial arbiters of unfair labor practice charges in section 301 actions.

I

Appellants are…