(DOWNLOAD) "Durham v. Mason and Dixon Lines Inc." by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Durham v. Mason and Dixon Lines Inc.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 12, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
McCREE, Circuit Judge: Appellants instituted a class action in the District Court under Section 301 of the Labor Management Relations Act, 29 U.S.C.
§ 185 (1964), for enforcement of certain seniority benefits to which they claimed they were entitled under the collective
bargaining contract entered into between their union and appellee. The complaint alleged that appellee had procured a change
in the collective bargaining agreement by means of fraudulent misrepresentations to the Joint Employer-Union Committee, a
body authorized by agreement to approve such changes, and that the change was in derogation of appellants' vested seniority
rights. Appellee filed a motion to dismiss the action, alleging, inter alia, that the complaint failed to state a claim upon
which relief could be granted and that appellants had failed to exhaust the grievance procedure provided in the collective
bargaining agreement. The district judge, after receiving affidavits and exhibits from the parties, granted appellee's motion
to dismiss. He did not, however, state which of the alleged grounds was the basis for the dismissal.
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