Lodge 862, International Ass'n of Machinists & Aerospace Workers v. Safeguard Powertech Systems

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

I. BACKGROUND

Plaintiff brought the present action in the Fifth Judicial Circuit of the State of South Dakota to enforce arbitration under a collective bargaining agreement. The action was removed to federal court pursuant to 28 U.S.C. § 1441(b). Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a), confers federal jurisdiction in suits for violation of collective bargaining agreements. Although the complaint was stylized in common law terms, the mere omission of reference to § 301 of the Act does not preclude federal subject…