of Congress. However, the Supreme Court, while rejecting this Third Circuit theory, affirms the decision on the ground that this type of a case is not cognizable under § 301(a). The opinion states that Congress did not intend to flood the Federal courts with such litigation as this, 348 U.S. at pages 459, 461, 75 S.ct. at pages 500-501. If so, Congress surely did not intend to flood the Federal courts with the even greater number of cases which would be brought, not by Unions for the benefit of their many individual employees, but by any and all individual employees on their own behalf, and either for their pay, or to prevent their discharge.
Whether this decision, narrowly construing the scope of § 301(a), still has vitality today, in view of the later Lincoln Mills decision broadening greatly the scope of § 301(a) is subject to question. However, in Lincoln Mills, as noted earlier, the Court specifically did not deal with the problem now before us, and Mr. Justice Harlan, in his concurring opinion, made it clear that his concurrence was on the basis that the obligation in that case ran to the Union and was a Union controversy, not a uniquely personal right of the individual employee, see 353 U.S. at page 460, 77 S. Ct. at page 919. Furthermore, in the Westinghouse case, chief Justice Warren and Mr. Justice Clark concurred, solely, however, for the reason that § 301(a) did not authorize the Union to enforce in Federal Court the uniquely personal right of an individual employee. This would infer that uniquely individual rights, whether enforced by the individual or by the Union, are not contemplated under § 301(a). See also Transcontinental Air, supra, Moore v. Illinois Central Railroad Co., 1941, 312 U.S. 630, 61 S. Ct. 754, 85 L. Ed. 1089, and Slocum v. Delaware, L. & W. Railroad Co., 1950, 339 U.S. 239, at page 244, 70 S. Ct. 577, at page 580, 94 L. Ed. 795, all cited in Lincoln Mills, fn. 9, which indicate that actions for wrongful discharge exist at common law, and are not at all dependent on § 301(a).
Thus it appears that not only is there grave doubt whether an individual employee may bring suit under § 301(a) of the Taft-Hartley Act, but there is even graver doubt that such uniquely personal suits as those for wrongful discharge are cognizable under § 301(a). This is because a common-law action for wrongful discharge is uniquely personal, even more so than the wage situation in the Westinghouse case; see 348 U.S. at page 457, 75 S. Ct. at page 499, of Mr. Justice Frankfurter's opinion. Such commonlaw rights of action for wrongful discharge can be heard in a State court. At various points in his opinion, Justice Frankfurter hints that the State court is the proper place for such actions:
'The employees have always been able to enforce their individual rights in the state courts.' 348 U.S. at page 460, 75 S. Ct. at page 500.
This uniquely personal commonlaw action for wrongful discharge can clearly be brought in the State courts, and, as Westinghouse indicates, Congress surely did not intend literally to swamp the Federal courts with such suits, not mentioned in § 301(a), and which the great weight of authority indicates was not even alluded to by implication in such section. In reaching this conclusion, this Court also considers that the procedural scope of § 301(a) as to who may bring this suit, the Union or the individual employee, is, for reasons of practicality, limited to the Union.
This case is indeed a clear example of the need for limiting suits to those between Unions and employers. Here the Union took the grievance of the plaintiff up to, but not including, the arbitration stage. The Union decided, after careful consideration, that the employer had been correct in its action and that the grievance should not be taken to arbitration. If § 301(a) were to allow the individual to then come into Federal Court, whenever he was disgruntled at the decision of the Union not to arbitrate, the flood of litigation would indeed be overwhelming.
Defendants in the alternative maintain that, even if procedural jurisdiction is lacking under § 301(a), the Court would still have jurisdiction under either 28 U.S.C.A. § 1331 or § 1337. There is no substance to this contention, for the reason that this Court has just held that § 301(a) does not cover substantively this type of suit, as well as procedurally. Sec. 1331,
it is argued, gives original jurisdiction to Federal District Courts wherein the matter in controversy arises under the laws of the United States. Defendants contend that the word 'laws' means judicially made law as well as acts of Congress. While there is some contrariety of opinion in this regard, cf. Jordine v. Walling, 3 Cir., 1950, 185 F.2d 662, 667, and cases cited therein; Mr. Justice Brennan's separate opinion in Romero v. International Term. Co., 1959, 358 U.S. 354, at page 393, 79 S. Ct. 468, at page 491, 3 L. Ed. 2d 368; and Jenkins v. Roderick, D.C.D.Mass.1957, 156 F.Supp. 299, in view of the fact that this Court here holds that § 301(a) does not deal substantively with this type of suit, this question is academic.
As to Sec. 1337,
here again defendants contend that this action arises under an act of Congress regulating commerce, and thus jurisdiction is present in this Court. The short answer to this is that this case does not arise under § 301(a) of the Taft-Hartley Act, both procedurally and substantively, for the reasons stated above.
It might be well to note also that if, as this Court has indicated, congress has decided not to open the Federal Courts to such suits for practical reasons, under § 301(a), it would fly in the face of such Congressional intent to allow such suits to reach the Federal Courts by way of the back door.
Plaintiff's motion to remand to the State Court is granted. An order may by entered accordingly.