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CARPENTERS & MILLWRIGHTS, ETC. v. RIGGS-DISTLER & CO.

40 N.J. 97 (1963)

190 A.2d 844

CARPENTERS AND MILLWRIGHTS LOCAL UNION NO. 2018, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA (AFL-CIO), AN UNINCORPORATED ASSOCIATION, PLAINTIFF-APPELLANT, v. RIGGS-DISTLER & COMPANY, INC., A MARYLAND CORPORATION LICENSED TO DO BUSINESS IN NEW JERSEY, THOMAS PAGAN, INC., A NEW JERSEY CORPORATION, CRESCO BROTHERS, INC., A NEW JERSEY CORPORATION, THE CONDUIT AND FOUNDATION CORPORATION, A PENNSYLVANIA CORPORATION LICENSED TO DO BUSINESS IN THE STATE OF NEW JERSEY, R.E. CARRICK COMPANY, A FOREIGN CORPORATION LICENSED TO DO BUSINESS IN THE STATE OF NEW JERSEY, VIRGINIA ENGINEERING CO., INC., A FOREIGN CORPORATION LICENSED TO DO BUSINESS IN THE STATE OF NEW JERSEY, M.W. KELLOGG CO., A FOREIGN CORPORATION LICENSED TO DO BUSINESS IN THE STATE OF NEW JERSEY, AND F.H. McGRAW (&) CO., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 6, 1963.

Attorney(s) appearing for the Case

Mr. Arthur A. Brennan argued the cause for plaintiff-appellant (Mr. Joseph P. Dunn, attorney).

Mr. Thomas P. Butz argued the cause for defendants-respondents Riggs-Distler & Company, Inc., The Conduit and Foundation Corporation, Virginia Engineering Co., Inc. and M.W. Kellogg Co. (Messrs. Haines and Schuman, attorneys).

Mr. Richard J. Casey argued the cause for defendants-respondents Thomas Pagan, Inc., Cresco Brothers, Inc. and F.H. McGraw (&) Co.

Mr. Albert B. Melnik argued the cause for defendant-respondent R.E. Carrick Company.

The opinion of the court was delivered

PER CURIAM.

Plaintiff union sued defendants-employers for unpaid wages due its members under an alleged collective bargaining agreement which fixed the wage scale. Defendants denied making the agreement, and moved for summary judgment on the ground that the court lacked jurisdiction because under the Labor Management Relations Act, 29 U.S.C.A. § 141 et seq.,...

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