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U.S. Supreme Court

Retail Clerks v. Lion Dry Goods, Inc., 369 U.S. 17 (1962)

Retail Clerks International Association, Local Unions

Nos. 128 and 633 v. Lion Dry Goods, Inc.

No. 73

Argued January 17, 1962

Decided February 26, 1962

369 U.S. 17


1. Section 301(a) of the Labor Management Relations Act, 1947, which confers on federal district courts jurisdiction over suits "for violation of contracts between an employer and a labor organization representing employees in an industry affecting" interstate commerce, applies to a suit to enforce a strike settlement agreement between an employer in an industry affecting interstate commerce and local labor unions representing some, but not a majority, of its employees. Pp. 369 U. S. 18-30.

(a) The term "contracts," as used in § 301(a), is not limited to collective bargaining agreements concerning hours, wages and conditions of employment concluded in direct negotiations between employers and unions entitled to recognition as exclusive bargaining representatives of employees; it applies also to agreements, such as that involved here, between employers and labor organizations which importantly and directly affect the employment relationship. Pp. 369 U. S. 23-28.

(b) The term "labor organization representing employees," as used in § 301(a), is not limited to labor organizations which are entitled to recognition as exclusive bargaining agents of employees. Pp. 369 U. S. 28-29.

2. This cause is not rendered moot by the fact that the local unions which commenced this litigation have since merged with another local union to form a new local union of the same international union, and petitioners' motion to add the new local union as a party is granted. P. 369 U. S. 19, n. 2.

286 F.2d 235 reversed.

Page 369 U. S. 18

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