MR. JUSTICE DOUGLAS delivered the opinion of the Court.
Petitioner filed a suit in a state court in Tennessee to enjoin respondent union and its members and associates from striking at petitioner's plant. The heart of the complaint was a "no-strike" clause in the collective bargaining agreement by which "grievances" were to be settled amicably or by binding arbitration. The eligibility of employees for promotion engendered disputes— allegedly subject to the grievance procedure—which so far as appears involved no violence or trespass but which resulted in work stoppages and a walkout by employees. The state court issued an ex parte injunction.
Respondents then moved in the Federal District Court for removal of the case.
The starting point is § 301 of the Labor Management Relations Act, 1947, 61 Stat. 156, 29 U. S. C. § 185, which, we held in Textile Workers v. Lincoln Mills, 353 U.S. 448, was fashioned by Congress to place sanctions behind agreements to arbitrate grievance disputes. We stated:
An action arising under § 301 is controlled by federal substantive law even though it is brought in a state court.
It is thus clear that the claim under this collective bargaining agreement is one arising under the "laws of the United States" within the meaning of the removal statute. 28 U. S. C. § 1441 (b). It likewise seems clear that this suit is within the "original jurisdiction" of the District Court within the meaning of 28 U. S. C. §§ 1441 (a) and (b). It is true that the Court by a 5-to-3 decision in Sinclair Refining Co. v. Atkinson, 370 U.S. 195, held that although a case was properly in the federal district court by reason of § 301, the Norris-LaGuardia Act bars that court from issuing an injunction in the labor dispute.
Title 28 U. S. C. § 1337 says that "The district courts shall have original jurisdiction of any civil action or proceeding
MR. JUSTICE STEWART, with whom MR. JUSTICE HARLAN and MR. JUSTICE BRENNAN join, concurring.
I agree that the case before us was removable to the Federal District Court under 28 U. S. C. § 1441.
The District Judge not only denied a motion to remand the case to the state court but also dissolved the state court injunction, and it is only by virtue of the latter order that an appeal was possible at this stage of the litigation. American Dredging Co. v. Local 25, 338 F.2d 837, 838, n. 2.
As the Court says, it is not clear whether or not the District Judge dissolved the injunction "because [he] felt that action was required by Sinclair Refining Co. v. Atkinson, 370 U.S. 195," ante, at 561, n. 4. Accordingly, the Court expressly reserves decision on the effect of Sinclair in the circumstances presented by this case. The Court will, no doubt, have an opportunity to reconsider the scope and continuing validity of Sinclair upon an appropriate future occasion.
"Actions removable generally.
"(a) Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.
"(b) Any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable without regard to the citizenship or residence of the parties. . . ."