Avco Corporation v. Aero Lodge No. 735, International Association of Machinists and Aerospace Workers

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. 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. 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. 561.

376 F. 2d 337, affirmed.

J. Mack Swigert argued the cause for petitioner. With him on the briefs were Warren G. Sullivan, Don A. Banta, William Waller, Robert G. McCullough and John B. Hollister.

Bernard Dunau argued the cause for respondents. With him on the brief were Plato E. Papps, Cecil D. Branstetter and Carrol D. Kilgore.

Briefs of amici curiae, urging reversal, were filed by Jerome Powell, Robert M. Scott and William H. Willcox for the Chamber of Commerce of the United States et al., and by Herman Lazarus and Harold Jacobs for the Labor Relations Committee of Council of State Chambers of Commerce et al.

Brief of amicus curiae, urging affirmance, was filed by J. Albert Woll, Laurence Gold and Thomas E. Harris for the American Federation of Labor and Congress of Industrial Organizations.