Textile Workers Union v. Williamsport Textile Corp.

JOHN W. MURPHY, Chief Judge.

Defendant moves to dismiss plaintiff’s action for lack of jurisdiction of the subject matter. The problem arises as follows:

Relying upon § 301 of the Labor Management Relations Act of 1947, 61 Stat. 156, 29 U.S.C.A. § 185, commonly called the Taft-Hartley Act, 1 plaintiff, an unincorporated labor organization, as collective bargaining representative for and on behalf of defendant’s 2 employees, engaged in an industry affecting commerce, sought to recover vacation pay for each employee. A vacation with pay is in effect additional wages; In re WilLow Cafeterias,…