Kominski v. Western Express Co.

The defendant moves for an order dismissing the complaint pursuant to subdivision 1 of rule 107 of the Buies of Civil Practice upon the ground that the court has no jurisdiction of the subject matter of the action.

Briefly put, it is the plaintiff’s complaint: that he was employed as a dockman, with favorable seniority, by the defendant; that in conjunction with his employment he was the steward of the Teamsters’ Union local, the bargaining agent with the defendant ; that, as part of a plan to get rid of him for his union activities, the defendant forced his resignation under the duress of…