Salvatore v. Allied Chemical Corp.

FIELD, Chief Judge:

Alleging diversity jurisdiction, plaintiff seeks to recover damages, charging that defendant breached the. terms of its collective bargaining agreement with plaintiff’s union, United Mine Workers of America, by failing to accord plaintiff seniority rights to which he was entitled under the contract provisions. Defendant has filed its motion to dismiss on the ground that plaintiff’s remedy, if any, is confined to the grievance and arbitration procedure for settlement of disputes as set forth in the bargaining agreement.

For some time it was assumed that Section 301 of the…