Legal Opinion
Hotel & Restaurant Employees Local 400 v. Ruby Svacek
Court of Appeals for the Ninth Circuit
Decided September 18, 1970No. 25380PublishedCited by 29 opinions
1Per curiam
The appellant local union brought suit in District Court against one of its members for a money judgment of $300, alleging violation of the union constitution and by-laws. Jurisdiction was based on § 301 of the Labor Management Relations Act, 29 U.S.C. § 185. 1 The District Court dismissed for lack of jurisdiction.
We affirm.
Upon oral argument, it was indicated that the basis of the claim was a fine sought to be imposed upon Svacek for crossing a union picket line during a strike. In effect, the court was asked to enter an intra-union dispute.
The union urges that § 301 has been broadly…
2Cases cited3 opinions
- Humphrey v. MooreSupreme Court of the United States · 1964
- Retail Clerks International Ass'n, Local Unions Nos. 128 & 633 v. Lion Dry Goods, Inc.Supreme Court of the United States · 1962
- Brotherhood of Painters v. Brotherhood of Painters, LU 127District Court, N.D. California · 1966
3Cited by29 opinions
- Stelling v. International Brotherhood of Electrical Workers Local Union No. 1547Court of Appeals for the Ninth Circuit · 1978
- Local Union No. 657 of the United Brotherhood of Carpenters and Joiners of America of Sheboygan County v. William SidellCourt of Appeals for the Seventh Circuit · 1977
- Mack O'Neal Alexander and William L. Caldwell v. International Union of Operating Engineers, Afl-Cio, Etc.Court of Appeals for the Fifth Circuit · 1980
- Paul J. Baker v. Newspaper and Graphic Communications Union, Local 6Court of Appeals for the D.C. Circuit · 1980
- Trail v. International Brotherhood of TeamstersCourt of Appeals for the Sixth Circuit · 1976
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