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LABOR UNION OF PICO KOREA v. PICO PRODUCTS

Nos. 1628, 1785, Dockets 92-7143, 92-7203.

968 F.2d 191 (1992)

LABOR UNION OF PICO KOREA, LTD.; Jum-Soon Yoo, President of Labor Union of Pico Korea, Ltd.; and Sung Rye Hong, General Secretary of Labor Union of Pico Korea, Ltd., Plaintiffs-Appellants-Cross-Appellees, v. PICO PRODUCTS, INC. and Bernard Hitchcock, individually and in his capacity as Chairman of the Board of Directors, Director, and Chief Executive Officer of Pico Products, Inc., Defendants-Appellees, Pico Products, Incorporated, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 24, 1992.

Attorney(s) appearing for the Case

Frank E. Deale, Center for Constitutional Rights, New York City (Ralph Shapiro, of counsel), for plaintiffs-appellants-cross-appellees.

Gerald J. Mathews, Syracuse, N.Y. (William F. Baker, Menter, Rudin & Trivelpiece, P.C., of counsel), for defendant-appellee-cross-appellant.

Before CARDAMONE, WINTER and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal questions the territorial scope of § 301 of the Labor Management Relations Act which provides that suits for violations of labor contracts may be brought in federal court without regard to the citizenship of the parties if the employees work in an industry affecting commerce between a foreign country and a state. A rigid and literal reading of this provision might permit the instant action to lie. But since the extraterritorial...

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