Legal Opinion
Hotel & Restaurant Employees Union Local 217 v. J.P. Morgan Hotel
Court of Appeals for the Second Circuit
Decided June 14, 1993No. 722, Docket 92-7925PublishedCited by 32 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
The issue before us is one of jurisdiction under § 301(a) of the Labor Management Relations Act of 1947 (Act), 29 U.S.C. § 185(a) (1988). An employer and labor organization signed a contract which, upon the employer’s purported repudiation, the union sought to have enforced in the district court. Viewing the agreement as implicating a matter of representation and therefore subject to the primary jurisdiction of the National Labor Relations Board (NLRB or Board), the district court declined jurisdiction. Plainly, a district court should forbear, in obedience to…
2Cases cited28 opinions
- United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
- At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
- United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
- National Labor Relations Board v. Gissel Packing Co.Supreme Court of the United States · 1969
- Smith v. Evening News Assn.Supreme Court of the United States · 1962
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3Cited by32 opinions
- Colavito v. New York Organ Donor Network, Inc.Court of Appeals for the Second Circuit · 2006
- Mohammed Abdul Malik v. Doris Meissner, Commissioner, Immigration and Naturalization Service and Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1996
- Golden Hill Paugussett Tribe of Indians v. WeickerCourt of Appeals for the Second Circuit · 1994
- Basf Corporation v. Darlene Symington, Next Friend or Guardian Ad Litem for Darci Symington, an IncompetentCourt of Appeals for the Eighth Circuit · 1995
- Adcock v. FREIGHTLINER LLCCourt of Appeals for the Fourth Circuit · 2008
27 more not listed; retrieve them via the Exa API.