Costaro v. Simons

Motion by defendant Rockaway News Supply Co., Inc. (hereafter “ employer ”) for judgment dismissing the complaint as to it, upon the ground that this court has not jurisdiction of the subject matter of the action, in that the matters complained of and the relief sought are exclusively within the jurisdiction of the National Labor Relations Board.

The complaint alleges that prior to October 25, 1948, the defendant union was the representative selected for collective bargaining by a majority of the employees of the defendant employer and, as such, was the exclusive representative of all of the…