CLARK v. HEIN-WERNER CORP.


8 Wis.2d 264 (1959)

CLARK and others, Plaintiffs and Respondents, v. HEIN-WERNER CORPORATION, Defendant: INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL 1377, A.F.L.-C.I.O., Defendant and Appellant.

Supreme Court of Wisconsin.

November 3, 1959.


Attorney(s) appearing for the Case

For the appellant there was a brief by Robert E. Gratz, attorney, and Daniel L. Shneidman of counsel, both of Milwaukee, and oral argument by Mr. Gratz.

For the respondent there was a brief and oral argument by John H. Wessel of Milwaukee.

A brief was filed by Goldberg, Previant & Cooper, attorneys, and David Previant and Hugh Hafer of counsel, all of Milwaukee, for the Wisconsin State A.F.L.-C.I.O., as amici curiae.


CURRIE, J.

The seniority rights sought to be protected by the plaintiffs are grounded upon the collective-bargaining contract. Although the employer is engaged in interstate commerce the action does not involve an unfair labor practice under the Labor Management Relations Act of 1947, as amended, and, therefore, the controversy does not fall within the jurisdiction of the national labor relations board. It is a type of action...

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