United States Supreme Court Cases & Opinions

U.S. Supreme Court

Avco Corp. v. Machinists, 390 U.S. 557 (1968)

Avco Corp. v. Aero Lodge No. 735, International

Association of Machinists & Aerospace Workers

No. 445

Argued March 11, 1968

Decided April 8, 1968

390 U.S. 557

Syllabus

Petitioner, employer, brought suit in a Tennessee court to enjoin respondent union and its members from striking in violation of a "no-strike" clause in the collective bargaining agreement. The state court issued an ex parte injunction. Respondents moved in Federal District Court for removal of the case, and dissolution of the injunction. The District Court ruled that the action was within its original jurisdiction, denied a motion to remand to the state court, and dissolved the injunction. The Court of Appeals affirmed.

Held:

1. Since this action is based on § 301 of the Labor Management Relations Act, it is controlled by federal substantive law, even though brought in a state court, and removal is but one aspect of the "primacy of the federal judiciary in deciding questions of federal law." P. 390 U. S. 560.

2. This suit clearly arises under the "laws of the United States," within the meaning of the removal statute, 28 U.S.C. § 1441(b), and is within the "original jurisdiction" of the District Court under §§ 1441(a) and (b). P. 390 U. S. 560.

3. The nature of the relief available after jurisdiction attaches is different from the question whether the court has jurisdiction to adjudicate the controversy. P. 390 U. S. 561.

376 F.2d 337, affirmed.

Page 390 U. S. 558