International Longshoremen's & Warehousemen's Union v. Kuntz (334 F.2d 165, 1964)

KOELSCH, Circuit Judge.

Plaintiffs Kuntz and Cvitkovic brought this class action under § 301(a) of the Labor Management Relations Act [29 U.S.C. § 185(a)] on behalf of themselves and 86 other ship clerks on the Seattle waterfront and against the Pacific Maritime Association [P.M.A.] and the International Longshoremen’s and Warehousemen’s Union [I.L.W.U.]. The gravamen of their claim is a breach of the P.M.A. and I.L.W.U. collective bargaining contract; they contend that the breach consisted of a contract amendment that stripped them of a “vested right,” namely a preferred seniority status previously granted by the defendants.

Defendants filed motions to dismiss ^ action Qn the geveral dg that ^ Federal Court lacked jurisdicti0n oyer ^ subjeet matter of the suit. that ^ complaint failed to state a daim on which relief might be granted and that plaintiffs had failed to exhaust administrative remedies. Additionally, they moved to stay all proceedings until after plaintiffs had resorted to grievance and arbitration procedures, assertedly availabje both under the contract itself and § 9 of the N.L.R.A. (29 U.S.C. § 159(a)).

m , . , „ ^ District Judge denied all these motlons