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Russell V. Electrical Workers Local 569

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eBook details

  • Title: Russell V. Electrical Workers Local 569
  • Author : Supreme Court Of California
  • Release Date : January 27, 1966
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 69 KB

Description

TOBRINER, J. The present case requires us to determine whether, in exercising the residual jurisdiction conferred upon state courts by section 14(c) of the Labor Management Relations Act (hereinafter the Act), those courts must withhold their process until the National Labor Relations Board (hereinafter the board) affirmatively indicates its unwillingness to take a given case. We hold that the jurisdiction exercised by the state courts pursuant to section 14(c) does not depend upon a showing that the board has, in fact, declined to act. Rather, we believe that the party seeking relief need only demonstrate, on the basis of published regulations and decisions of the board, that the case is one which the board would decline to hear. In the present instance, plaintiff has   failed to make such a demonstration. Accordingly, the trial court lacked jurisdiction to proceed in the cause and must be directed to dismiss the proceedings.


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