Legal Opinion · Concurrence

Cliff House Building Corp. v. Plumbers Union Local 690

Superior Court of Pennsylvania

Decided March 31, 1975No. Appeal, No. 455Published

1Concurrence

Concurring Opinion by

Hoffman, J.:

Although I agree with the Majority that the Court of Common Pleas of Delaware County has jurisdiction to entertain the instant suit, I cannot subscribe to the rationale set forth in the Majority opinion. As a general rule, conduct which is arguably protected or prohibited by the National Labor Relations Act is subject to regulation only by the National Labor Relations Board. The *537federal act has pre-empted the field and thus prohibits the state courts from assuming jurisdiction. The United States Supreme Court, however, has created an exception to the…

2Cases cited21 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Amalgamated Ass'n of Street, Electric Railway & Motor Coach Employees of America v. LockridgeSupreme Court of the United States · 1971
  3. Garner v. Teamsters, Chauffeurs & Helpers Local Union No. 776Supreme Court of the United States · 1954
  4. Linn v. United Plant Guard Workers of America, Local 114Supreme Court of the United States · 1966
  5. United Construction Workers v. Laburnum Construction Corp.Supreme Court of the United States · 1954

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