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MORELAND CORP. v. RETAIL STORE EMPLOYEES UNION

16 Wis.2d 499 (1962)

MORELAND CORPORATION, Respondent, v. RETAIL STORE EMPLOYEES UNION LOCAL No. 444, A.F.L.-C.I.O., and others, Appellants.

Supreme Court of Wisconsin.

May 1, 1962.

Attorney(s) appearing for the Case

For the appellants there was a brief by Eisenberg & Kletzke, attorneys, and Edwin A. Star of counsel, all of Milwaukee, and oral argument by Sydney M. Eisenberg.

For the respondent there was a brief by Robertson, Hoebreckx & Davis of Milwaukee, and oral argument by Walter S. Davis.

GORDON, J.

The appellants contend that the circuit court does not have subject-matter jurisdiction to determine the controversy because of federal labor law pre-emption. The issue of federal pre-emption was not raised in the trial court. The respondent urges that the issue of federal pre-emption cannot be decided without a trial on the merits.

When an activity is "arguably subject" to sec. 7 or 8 of the National Labor Relations Act, as amended, 29 USCA, secs...

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