United Glass Workers' Local No. 188 v. Seitz

This action was brought to recover a fine which had been imposed upon the defendant Earl J. Seitz by the plaintiff union for violation of his agreement, as a union member, not to work behind an authorized picket line. The defendants moved to strike the complaint, contending that the court lacked jurisdiction of the subject matter and that the complaint did not state a claim upon which relief could be granted.

The trial court treated the motion as a motion for summary judgment. It determined that the court had jurisdiction of the action but dismissed the same on the ground that the constitution…