Rodgers v. O'Connell

This is a motion under rules 106 and 107 of the Rules of Civil Practice to dismiss the complaint on the grounds that the complaint does not state facts sufficient to constitute a cause of action, and on the grounds that the court does not have jurisdiction of the subject of the action.

*63The complaint alleges three causes of action; the first cause alleges that plaintiff was laid off improperly because defendant union failed to invoke the layoff procedure required by the contract between his union and employer, resulting in damages to plaintiff amounting to $4,000 in earnings, and preventing…