STRINGFIELD v. INTERNATIONAL UNION OF UNITED RUBBER, CORK, LINOLEUM AND PLASTIC WORKERS OF AMERICA

Civ. A. No. 19019.

190 F.Supp. 380 (1959)

Ruby STRINGFIELD, for herself, and for and in behalf of Harold P. Lane, Earl Sutton, Barry M. Burkhart, Travis Fulks, James Huff, Joe Hyatt, George M. Brock, Richard L. Johnson, Donald Peltier, Darrel Stringfield, Richard F. Tapia, Paul Dyer, Thornton Greene, Orville D. Leach, Curtis C. Coffee, Harrison H. Holder, Frank Schoen, Philip H. Rouleau, Roy M. Harris, M. A. Satterfield, H. Newsome, William L. Griffin, and all other hourly rated employees in the Detroit plant of the United States Rubber Company, a New Jersey corporation transacting business in Michigan, who are now on lay-off as a class, Plaintiffs, v. INTERNATIONAL UNION OF UNITED RUBBER, CORK, LINOLEUM AND PLASTIC WORKERS OF AMERICA, and Local 101, United Rubber, Cork, Linoleum and Plastic Workers of America, Defendants.

United States District Court E. D. Michigan, S. D.

August 27, 1959.


Attorney(s) appearing for the Case

Dee Edwards, Detroit, Mich., for plaintiffs.

Theodore Sachs, Roth, Marston, Mazey, Sachs & O'Connell, Detroit, Mich., for defendants.


LEVIN, Chief Judge.

This motion of the defendants to dismiss the complaint and the amended complaint is brought upon the grounds that the complaint and amended complaint fail to state a claim upon which relief can be founded; that the plaintiffs have failed to exhaust their remedies under the collective bargaining agreements and their internal remedies within the union; that the matters pleaded are within the exclusive jurisdiction of the National Labor Relations...

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