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ZALESKI v. LOCAL 401 OF UNITED ELEC.

May 18, 1950

ZALESKI et al.
v.
LOCAL 401 OF UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA et al.



The opinion of the court was delivered by: FAKE

This action is based primarily upon an allegation that there is a threatened violation of plaintiffs' rights in making deductions provided for by written authorizations or assignments executed and delivered by them to defendant, The Singer Manufacturing Company. These assignments or authorizations expressly provide that Singer may make deductions from their wages and 'remit the same to United Electrical, Radio and Machine Workers of America (UE), Local 401 C. I. O.' It is further alleged that the said Union 401 has been expelled from C. I. O., for subversive reasons, and therefore plaintiffs seek injunctive and other relief to prevent the making of said deductions and any further payments to the expelled Union 401.

 It is urged that Section 1337, Title 28, U.S.C.A., vests this Court with jurisdiction by the following language: 'The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce.' This suit is not an action arising on any act of Congress whatever. The authority of employees to make assignments arises at common law, and the permissive language of the statute recognizes that common law right.

 The motion to remand is granted.

19500518

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