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TRUCK DRIVERS UNION V. RISS & CO., 372 U. S. 517 (1963)

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U.S. Supreme Court

Truck Drivers Union v. Riss & Co., 372 U.S. 517 (1963)

General Drivers, Warehousemen & Helpers, Local Union No. 89

v. Riss & Company, Inc.

No. 180

Argued February 19, 1963

Decided March 18, 1963

372 U.S. 517


Predicating jurisdiction on § 301 of the Labor Management Relations Act, 1947, petitioners, a union and six of its members, sued in a Federal District Court to compel respondent to comply with a ruling of the Joint Area Cartage Committee directing that the individual petitioners be reinstated with full seniority and back pay. They alleged that the Committee's ruling had been handed down in accordance with grievance procedures established in a collective bargaining agreement between the union and the employer, and that it was final and binding. After filing its answer, respondent moved to dismiss the complaint for want of jurisdiction. The District Court granted the motion on the pleadings as supplemented at pretrial conference by excerpts from the Local Cartage Agreement between the union and the employer.

Held: it erred in doing so, since the District Court would have jurisdiction under § 301, if the award of the Joint Area Cartage Committee is final and binding under the collective bargaining agreement, as petitioners allege; and this allegation cannot be rejected on the basis merely of what the present record shows. Pp. 372 U. S. 517-520.

298 F.2d 341, reversed and cause remanded.

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