Flynn v. Ward Leonard Electric Co.

RIFKIND, District Judge.

Defendant moves to dismiss the complaint for lack of jurisdiction and. failure to state a claim upon which relief may be granted. In support of its latter motion it also assigns laches.

Plaintiff employees sue defendant employer for the amount of a retroactive wage increase granted employees by agreement between the union and the defendant pursuant to a directive of the National War Labor Board. The agreement stated: “Eligibility for participation pursuant to this agreement is hereby limited to those employees in the employ of the Company on October 10, 1943.”…