(Download) "Town of Maysville v. Magnolia Petroleum Co." by United States Court of Appeals Tenth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Town of Maysville v. Magnolia Petroleum Co.
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 06, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
MURRAH, Ch. J.: In this suit by a Labor Union under Section 301 of the Labor Management Relations Act of 1947, 61 Stat. 156, 29 U.S.C.A. 185, the Union alleged that it was a labor union within the meaning of such Section; that the defendant corporation was a mining company with whom the Union had entered into a collective bargaining agreement to run until June 30, 1958, providing for specific grievance procedure, and also that "before resorting to economic force the Company and the Union shall have completed the procedure provided for herein, or shall further make an effort to agree to dispose of the difference or grievance by means of arbitration." It was then alleged that while the collective bargaining agreement was in effect, the Company discharged its 170 employees, and for the purpose of avoiding its obligations under the bargaining contract, and in violation thereof, entered into a leasing arrangement with some of its employees for the purpose of continuing its mining operations. It was alleged that the Union had protested the discharge of the employees and the entering into the so-called leasing contracts on the grounds that it violated the collective bargaining agreement; that the Union had sought, through prescribed procedure, to arbitrate the grievance; and that the Company had refused to arbitrate. The prayer was, first, for a declaratory judgment requiring the Company to arbitrate the grievances and to appoint an impartial arbitrator for that purpose; and second, a judgment declaring the so-called leasing agreements invalid and subordinate to the prior collective bargaining agreement. In a second count of the complaint, cast under Rule 17(a) F.R.C.P., the Union sought to recover accrued back wages and vacation pay for the 170 member-employees as provided for in the bargaining contract.