textile workers lincoln mills argued march decided june union entered agreement employer providing strikes work stoppages grievances handled pursuant specified procedure last step arbitration grievances arose processed various steps grievance procedure union demands finally denied employer union requested arbitration employer refused thereupon union sued federal district compel arbitration held labor management relations act district properly decreed specific performance agreement arbitrate grievance dispute pp substantive law applied suits federal law courts must fashion policy national labor laws pp construed constitutional jurisdiction compel arbitration grievance disputes withdrawn act pp employer case ceased operations contracted sell mill properties case moot insofar union sought restoration workloads job assignments moot extent sought monetary award arthur goldberg argued cause petitioner brief benjamin wyle david feller frank constangy argued cause respondent brief prowell fred elarbee justice douglas delivered opinion entered collective bargaining agreement agreement run one year year year thereafter unless terminated specified notices agreement provided strikes work stoppages grievances handled pursuant specified procedure last step grievance procedure step taken either party arbitration controversy involves several grievances concern work loads work assignments grievances processed various steps grievance procedure finally denied employer union requested arbitration employer refused thereupon union brought suit district compel arbitration district concluded jurisdiction ordered employer comply grievance arbitration provisions collective bargaining agreement appeals reversed divided vote held although district jurisdiction entertain suit authority founded either federal state law grant relief case petition writ certiorari granted importance problem contrariety views courts starting point inquiry labor management relations act stat provides suits violation contracts employer labor organization representing employees industry affecting commerce defined chapter labor organizations may brought district jurisdiction parties without respect amount controversy without regard citizenship parties labor organization represents employees industry affecting commerce defined chapter employer whose activities affect commerce defined chapter shall bound acts agents labor organization may use sued entity behalf employees represents courts money judgment labor organization district shall enforceable organization entity assets shall enforceable individual member assets face act apparent supplement one another section makes possible labor organization representing employees industry affecting commerce sue sued entity federal courts section words provides procedural remedy lacking common law section certainly something plainly supplies basis upon federal district courts may take jurisdiction apply procedural rule question whether jurisdictional legislative history somewhat cloudy confusing shafts light illuminate problem bills passed house senate contained provisions made failure abide agreement arbitrate unfair labor practice pp feature law dropped conference conference report stated parties made collective bargaining contract enforcement contract left usual processes law national labor relations board conf senate house took pains provide usual processes law provisions substantial equivalent present form senate report house report indicate primary concern unions well employees bound collective bargaining contracts also broader concern concern procedure making agreements enforceable courts either party one point senate report supra feel aggrieved party also right action federal courts policy completely accord purpose wagner act declared compel employers bargain collectively employees end employment contract binding parties made congress also interested promoting collective bargaining ended agreements strike senate report supra unions break agreements relative impunity agreements tend stabilize industrial relations execution agreement promote industrial peace chief advantage employer reasonably expect collective labor agreement assurance uninterrupted operation term agreement without effective method assuring freedom economic warfare term agreement little reason employer desire sign contract consequently encourage making agreements promote industrial peace faithful performance parties collective agreements affecting interstate commerce enforceable federal courts amendment provide suits unions legal entities unions legal entities federal courts disputes affecting commerce plainly agreement arbitrate grievance disputes quid pro quo agreement strike viewed light legislation confer jurisdiction federal courts labor organizations expresses federal policy federal courts enforce agreements behalf labor organizations industrial peace best obtained way sure great medley ideas reflected hearings reports debates act yet repeat entire tenor history indicates agreement arbitrate grievance disputes considered quid pro quo agreement house debate narrowed question whether jurisdictional became abundantly clear purpose section provide necessary legal remedies section house bill substantial equivalent present described hartley sponsor bill house barden chairman take time purpose asking chairman question asking question want understood intended make part record may hereafter referred history legislation understanding section section dealing equal responsibility collective bargaining contracts strike actions proceedings district courts contemplates ordinary lawsuits damages also remedial proceedings legal equitable might appropriate circumstances words proceedings example brought employers labor organizations interested individual employees declaratory judgments act order secure declarations legal rights contract hartley interpretation gentleman given section absolutely correct cong rec question substantive law applied suits conclude substantive law apply suits federal law courts must fashion policy national labor laws see mendelsohn enforceability arbitration agreements section yale labor management relations act expressly furnishes substantive law points parties may may certain situations problems lie penumbra express statutory mandates lack express statutory sanction solved looking policy legislation fashioning remedy effectuate policy range judicial inventiveness determined nature problem see board commissioners federal interpretation federal law govern state law cf jerome state law compatible purpose may resorted order find rule best effectuate federal policy see board commissioners supra state law applied however absorbed federal law independent source private rights uncommon federal courts fashion federal law federal rights concerned see clearfield trust national metropolitan bank congress indicated purpose follow course constitutional difficulty article iii extends judicial power cases arising laws power congress regulate controversies commerce clause plain houston texas labor board jones laughlin case controversy arising therefore one within purview judicial power defined article iii question remains whether jurisdiction compel arbitration grievance disputes withdrawn act stat section act prescribes stiff procedural requirements issuing injunction labor dispute kinds acts given rise abuse power enjoin listed failure arbitrate part parcel abuses act aimed section act indeed indicate congressional policy toward settlement labor disputes arbitration denies injunctive relief person failed make every reasonable effort settle dispute negotiation mediation voluntary arbitration though literal reading might bring dispute within terms act see cox grievance arbitration federal courts harv rev see justification policy restricting damage suits leaving specific performance contract arbitrate grievance disputes inapposite procedural requirements act moreover held virginian system federation graham brotherhood firemen act deprive federal courts jurisdiction compel compliance mandates railway labor act mandates involved concerned racial discrimination yet decisions based peculiarities railway labor act followed course syres oil workers international union governed national labor relations act injunction sought racial discrimination application collective bargaining agreement allowed injunction issue congressional policy favor enforcement agreements arbitrate grievance disputes clear reason submit requirements act question mootness raised oral argument appears since date decision appeals respondent terminated operations contracted sell mill properties work mill ceased march grievances however ask back pay increased workloads collective bargaining agreement provides board arbitration shall right adjust compensation retroactive date change insofar grievances sought restoration workloads job assignments case course moot extent sought monetary award case continuing controversy judgment appeals reversed cause remanded proceedings conformity opinion reversed footnotes following decisions effect creates substantive rights international hod carriers union cir rock drilling union mason hanger cir local cir assn westinghouse employees westinghouse electric cir affirmed grounds textile workers union arista mills cir hamilton foundry international molders foundry union cir american federation labor western union cir milk ice cream drivers gillespie milk prod cir electrical workers oliver cir schatte international alliance senate bill contained provisions made unfair labor practice either employer union violate terms agreement terms agreement submit labor dispute arbitration senate report indicated provisions permit board grant relief instances suit might maintained title iii committee bill treats subject giving parties rights sue district committee believes action also available administrative body house bill defined term bargain collectively require agreement effect parties providing procedure adjusting settling disputes following procedure commenting definition house bill house report stated parties agreed upon procedure settling differences agreement effect required follow procedure held guilty unfair labor practice agreements provide procedures settling grievances generally including form arbitration last step consequently clause operate cases except involving negotiation new contracts pp statutory recognition collective agreement valid binding enforceable contract logical necessary step promote higher degree responsibility upon parties agreements thereby promote industrial peace argued result making collective agreements enforceable unions longer consent inclusion clause contract argument supported record enacted laws effort secure measure union responsibility breaches contract four minnesota colorado wisconsin california thus far enacted laws far learned clauses continued event certainly point bargained union status representative nlra bargained good faith employer reluctance including clause intends live terms contract improvement result stability industrial relations course obvious section passed house read follows action proceeding involving violation agreement employer labor organization representative employees may brought either party district jurisdiction parties without regard amount controversy agreement affects commerce otherwise jurisdiction cause assn westinghouse employees westinghouse electric quite different case union sued recover unpaid wages behalf employees basic question concerned standing union sue recover individual employment contracts question concerns right union enforce agreement arbitrate made employer reach question reserved red cross line atlantic fruit supra whether matter federal law executory agreements arbitrate enforceable absent congressional approval see judge magruder local general electric whether situations individual employees may bring suit appropriate state federal enforce grievance rights employment contracts collective bargaining agreement provides arbitration grievances question reach case cf assn westinghouse employees westinghouse electric moore illinois central slocum delaware transcontinental air koppal justice burton justice harlan joins concurring result suit brought district labor management relations act stat seeking specific enforcement arbitration provisions contract district jurisdiction action since involved obligation running union union controversy uniquely personal rights employees sought enforced union cf association westinghouse employees westinghouse elec jurisdiction suit powerless fashion appropriate federal remedy power decree specific performance collectively bargained agreement arbitrate finds source federal district inherent equitable powers nurtured congressional policy encourage enforce labor arbitration industries affecting commerce subscribe conclusion substantive law applied suit federal law time agree judge magruder international brotherhood mead federal rights may necessarily involved case hence constitutionality upheld congressional grant federal district courts called protective jurisdiction see opinion judge wyzanski textile workers union american thread supp see dissent judge brown appeals case justice frankfurter dissenting avoided difficult problems raised act stat attributing section occult content plainly procedural section transmuted mandate federal courts fashion whole body substantive federal law appropriate complicated touchy problems raised collective bargaining set forth opinion employees westinghouse detailed reasons believe construed even constitutional questions avoided clear contrary conclusion emerge somewhat say least cloudy confusing legislative history fairly asked even alchemy construction since relies isolated statements legislative history support conclusion however favoringly read deemed necessary set forth appendix post entire relevant legislative history act predecessor case bill legislative history reinforces natural meaning statute exclusively procedural provision affording accessible federal forum suits agreements labor organizations employers enacting federal law suits see also wollett wellington federalism breach labor agreement stan rev also set forth opinion westinghouse case outline vast problems present decision creates bringing conflict state law federal law state courts federal courts see also judge wyzanski opinion textile workers union american thread supp problems rendered disregard also noted whatever may union ad hoc benefit particular case meaning collective bargaining labor remotely derive reliance sanction litigation courts restrictions made legislation like clayton act stat act stat upon use familiar remedies theretofore available federal courts reflected deep fears labor movement use remedies labor union like combatant engaged particular fight ready make ally old enemy also find unions resorting otherwise much excoriated labor injunction intermittent yielding expediency change fact judicial intervention special characteristics arbitration process labor disputes conditions effective functioning thereby altered arbitration integral part system system designed aid management quest efficiency assist union leadership participation enterprise secure justice employees means making collective bargaining work thus preserving private enterprise free government works fairly well need sanction law contracts law arbitration system breaks completely courts aid respects invoked courts occasional sporadic decision restore parties continuing relationship intervention cases may seriously affect going systems autonomous system breaks might parties better left usual methods adjustment labor disputes rather actions contract arbitration award shulman reason contract law labor relations harv rev prickly extensive problems supposed grant create counsel finding grant made present hazardous opportunities friction regulation contracts employers unions involve division power state nation state courts federal courts including effective functioning wisdom suggests undertaking solve problems unless clearly directed section direction legislative history contains suggestion problems considered terms section present one word remains said earliest declaration unconstitutionality act congress justices circuit involved refusal justices perform function imposed upon congress nature function hayburn case dall since many times declared legislation unconstitutional imposed powers functions regarded outside scope judicial power lodged constitution see marbury madison cranch ferreira muskrat keller potomac electric power one may fairly generalize instances deemed peculiarly qualified due regard contrary judgment congress determine meet fit exercise judicial power authorized constitution solicitude respect confines judicial power difficult problem marking confines apply equally construing precisely duties congress cast upon federal courts especially case said support finding congressional desire impose legislative duties federal courts congress mention problem statute insofar purpose may gathered congressional reports debates leave us dark however sees problem judicial power casting upon federal courts guides except judicial inventiveness task applying whole industrial code yet bosom judiciary severe limits judicial inventiveness even imaginative judges law brooding omnipresence sky justice holmes dissenting southern pacific jensen drawn like nitrogen air problems created interpretation solved resort established canons construction enable look awkward clumsy expression language wanting precision intent legislature vice statute lies impossibility ascertaining reasonable test legislature meant one thing rather another connally general construction makes mountain instead molehill giving example judicial inventiveness thereby solves constitutional problems otherwise faced even attribution direction federal courts fashion bits pieces elsewhere gathered federal common law labor contracts still follow congress enacted agreement arbitrate industrial differences specifically enforceable federal courts contrary body relevant federal law precludes enforcement arbitration clauses agreements prior doctrine executory agreements arbitrate kind dispute specifically enforced still held sway federal courts see judge hough opinion asphalt refining trinidad lake petroleum judge mack opinion atlantic fruit red cross line justice brandeis opinion red cross line atlantic fruit legislation deemed necessary assure power federal courts congress passed arbitration act et making executory agreements arbitrate specifically enforceable federal courts explicitly excluding contracts employment workers engaged interstate commerce scope naturally enough find rejection though explicit availability federal arbitration act enforce arbitration clauses agreements silent treatment given act opinion act authorizes federal courts enforce arbitration provisions contracts generally specifically denies authority decree remedy contracts employment available hardly spin power empty darkness make rejection explicit recognizing congress passed legislation enable arbitration agreements enforced federal courts saw fit exclude remedy respect labor contracts see amalgamated association pennsylvania greyhound lines cir electrical radio machine workers miller metal products cir lincoln mills textile workers union cir steelworkers america mfg cir legislative history set forth parties present cases congress heeded resistance organized labor uncompromisingly led hostility measure andrew furuseth president international seamen union powerful voice expressing labor fear use remedy even though glaringly ignores arbitration act least recognize rule enforcement executory agreements arbitrate nevertheless enforces arbitration clause agreements cases finds congress implication rejected rule add thus deriving power unrevealing words act also found congress implication repealed statutory exemption agreements arbitration act exemption made seen reasons policy appeals first circuit reached conclusion arbitration clauses agreements enforceable arbitration act nevertheless found clauses enforceable virtue number courts held legislative authorization decrees specific performance arbitration agreements think reading much general language terms legislative history sufficiently demonstrate view intended either create new remedies deny applicable existing remedies see sess conference report sess cong rec daily ed arbitration scarcely mentioned legislative history furthermore practical consideration militates judicial overruling common law doctrine applies interpreting give effect read authorizes equitable remedies general including decrees specific performance arbitration agreement lacking procedural specifications needed administration power compel arbitration thus seems us firmer statutory basis found justify departure judicially formulated doctrines reference arbitration agreements local general electric second ground dissent action fundamental since agree conclusion federal substantive law govern actions forced consider serious constitutional question adumbrated westinghouse case constitutionality grant jurisdiction federal courts contracts came entirely virtue state substantive law jurisdiction based diversity citizenship yet one federal diversity cases act effect merely another state sits scope allowable federal judicial power grant must satisfy constitutionally described cases law equity arising constitution laws treaties made shall made authority art iii interpretive decisions legion general statutory grants jurisdiction strikingly similar constitutional wording generally recognized full constitutional power exhausted statutes see mishkin federal question district courts rev shulman jaegerman jurisdictional limitations federal procedure yale wechsler federal jurisdiction revision judicial code law contemp almost without exception decisions general statutory grants tested jurisdiction terms presence integral part plaintiff cause action issue calling interpretation application federal law gully first national bank although sometimes suggested cause action must derive federal law see american well works layne bowler found sufficient aspect federal law essential plaintiff success smith kansas city title trust problem degree federal law must forefront case collateral peripheral remote exceptional cases arising special jurisdictional grants criteria prominence federal question measured constitutional requirements found satisfied circumstances suggesting variant theory nature requirements first leading case field osborn bank wheat chief justice marshall sustained federal jurisdiction situation hypothetical case presented companion case bank planters bank wheat involving suit federally incorporated bank upon contract despite assumption cause action interpretation contract governed state law case found arise laws propriety scope federally granted authority enter contracts litigate might well challenged reasoning subsequently applied sustain jurisdiction actions federally chartered railroad corporations pacific railroad removal cases traditional interpretation series cases federal jurisdiction arising clause constitution though limited cases involving potential federal questions flexibility congress may confer whenever exists background federal proposition might challenged despite remoteness likelihood actual presentation federal question views expressed osborn pacific railroad removal cases severely restricted constructing general grants jurisdiction later sustained jurisdictional section bankruptcy act district courts shall jurisdiction controversies law equity distinguished proceedings bankruptcy trustees adverse claimants concerning property acquired claimed trustees manner extent though bankruptcy proceedings instituted controversies bankrupts adverse claimants amended stat apparently relying extent bankruptcy cases involve remotely federal question justice jackson concluded national mutual insurance tidewater transfer congress may confer jurisdiction district courts incidental powers article attempt made reconcile view restrictions article iii majority recognized article iii defined bounds valid jurisdictional legislation rejected notion jurisdictional grants go outside limits background many theories proposed sustain constitutional validity textile workers union america american thread supp judge wyzanski suggested among possibilities might read containing direction controversies affecting interstate commerce governed federal law incorporating state law reference controversies arise valid federal law required article iii whatever may said assumption regarding validity federal jurisdiction affirmative declaration congress state law applied federal law federal courts contract disputes affecting commerce argumentatively legislate congress congress failed legislate disrespects legislative responsibility disregards judicial limitations another theory relying osborn bankruptcy cases proposed achieve results similar attainable justice jackson view purports respect arising clause article iii see hart wechsler federal courts federal system pp wechsler federal jurisdiction revision judicial code law contemp prob international brotherhood mead called protective jurisdiction suggestion case congress constitutional power prescribe federal rules decision thus confer true federal question jurisdiction may without enact jurisdictional statute provide federal forum application state statute decisional law analysis protective jurisdiction theory might also attempted terms language article iii construing laws include jurisdictional statutes congress legislated substantively field another way saying congress legislated substantively thereby give rise litigation statute provide federal forum rights although chose adopt state law federal law originate federal rights surely truly technical restrictions article iii met respected beguiling phrase greater power must necessarily include lesser compromise federal state interests leading distribution jealously guarded judicial power federal system see cornell obvious different considerations apply cases involving questions federal law turning solely state law may ambiguity phrase arising laws leaves room traditional theory accommodate theory protective jurisdiction arising jurisdiction federal courts vastly extended example every contract tort arising contract affecting commerce might potential cause action federal courts even though state law involved decision case least osborn bankruptcy cases substantive federal law present somewhere background see pp supra pp infra theory rests supposition congress enact substantive federal law govern particular case held cases clear federal law held govern transactions persons subsequently become bankrupt suits bank see mishkin federal question district courts rev protective jurisdiction label discarded justified view allowable scope given article iii protective jurisdiction misused label statute considering rubric properly descriptive safeguarding indisputable staple business federal courts radiation existing jurisdiction see adams ex rel mccann protective jurisdiction generate independent source adjudication outside article iii sanctions congress defined theory must sole justification belief inadequacy state tribunals determining state law constitution reflects belief specific situation within diversity clause confined intention remedy supposed defects exhausted provision article iii protective theory adopted chief justice marshall time conditions might presented substantial justification strongly suggests lack constitutional merit moreover congress consideration nowhere suggested dissatisfaction ability state courts administer state law properly concern provide access federal courts easier enforcement rights insofar state law governs case professor mishkin theory quite similar advanced professors hart wechsler followed appeals first circuit substantive power congress although exercised govern particular case gives arising jurisdiction federal courts despite governing state law second protective jurisdiction theory dubious advantage limiting incursions state judicial power situations state feelings may tempered early substantive federal invasions professor mishkin theory protective jurisdiction may find constitutional justification merely articulated active congressional policy regulating labor field also federal rights existing interstices actions see wollett wellington federalism breach labor agreement stan rev therefore resting interpretation compel declaration unconstitutionality must stated westinghouse defer strong presumption even technical matters federal jurisdiction congress legislated accordance constitution difficult nature problem construction faced federal rights sought set forth westinghouse constitutional questions involved bearing construction statute constitutional questions must faced nature problem bears repeating legislation must possible given meaning enable survive rule constitutional adjudication normally invoked narrow otherwise natural constitutionally dubious scope language delaware hudson jin fuey moy rumely endeavor lower courts resulted adding section substantive congressional regulation even though congress saw fit exercise power give courts concrete guidance defining regulation sure full scope substantive regulation frequently dispute must await authoritative determination courts congress declares purpose imperfectly partially compatible judicial construction completes case start provision wholly jurisdictional bristles constitutional problems article iii avoid interpolation substantive regulation proposed materials draw determination something declares justified creating difficult problems choice within sphere delicate policy without direction congress merely sake giving effect provision seems deal different subject somewhat delphic wisdom justice cardozo speaking whole pulls us opposite direction think light strong flood whatever places statute might otherwise dark courts striven mightily times canalize construction along path safety statute reasonably susceptible two interpretations preferred meaning preserves meaning destroys avoidance difficulty pressed point disingenuous evasion intention congress revealed distinctly permit us ignore mere misgivings power hopkins federal savings loan assn cleary assuming however justified pouring substantive content merely procedural vehicle elements federal law reasonably put provisions suggestion section permits federal courts work without federal code governing contracts must reasons already stated rejected likewise suggestion may viewed congressional authorization federal courts work concept nature contract leaving detailed questions interpretation state law see congress objective furthered attempt limit grant federal forum certain types actions unions employers difficult find basis principles selection either terms considerations relevant promotion stability labor relations true fair reading context enactment shows suit congress primarily contemplated suit union strike violation contract might possible imply federal right bring action damages based event interest mutuality close heart congress might turn find federal right union sue lockout violation contract neither federal right involved present cases moreover bears repetition congress chose make basis federal law chose make conduct unfair labor practice point however search may ended less misgiving regarding propriety judicial infusion substantive provisions contribution federal law might consist postulating right union despite amorphous status unincorporated association enter binding contracts employer federal courts might also give sanction right refusing comply state law admit collective bargaining may result enforceable contract hard see serious conflicts arise view state might dismiss action federal entertain moreover function federal law closely related removal procedural barriers suit section futile union status contracting party recognized statement acts agents union regarded binding upon union may used support conclusion provision confined application suits district primarily directed responsibility union agents actions authorizing strikes committing torts construed however applicable formation contract applied imply union must regarded contractually bound acts agents turn presupposes union capable contract relations course possibility state law counter limited federal proposition hypothetical base assertion federal law possibility one never considered congress artifice state ever adopt contrary attitude reasons might congress willing disregard difficulties inherent attempt expand substantively meet constitutional requirements even limited federal right read serious constitutional question still present elevate situation one closely analogous presented osborn bank wheat section view imply union viewed juristic entity purposes acquiring contract rights agreement right enter contract sue upon immediately expressly involved osborn case although historical setting vastly different juristic entity case completely creature federal law one engaged carrying essential governmental functions special considerations disappeared however time circumstances decision pacific railroad removal cases see supra force view regards latter sport finds viewed see mishkin citing gully first national bank recently said full consideration doctrine charter cases treated exceptional though within special field thought disturb puerto rico russell see also justice holmes smith kansas city title trust dissenting opinion question whether consider refuse apply holding present situation believe extend precedents osborn pacific railroad removal cases case even though elements analytical similarity osborn foundation removal cases appears based premises today viewed light jurisdictional philosophy gully first national bank supra subject criticism basic premise every case federal question might arise must capable commenced federal courts commenced might jurisdiction must judged outset concluded despite fact federal question never raised marshall holding undoubtedly influenced fear bank might suffer hostile treatment state courts remedied appeal isolated federal question nothing article iii affirmatively supports view original jurisdiction cases involving federal questions must extend every case potentiality appellate jurisdiction also become familiar removal procedures adapted alleviate remaining fears providing removal federal whenever federal question raised view developments justified perpetuating principle permits assertion original federal jurisdiction remote possibility presentation federal question indeed congress largely withdrawing jurisdiction pacific railroad removal cases recognized refusing perpetuate general grants jurisdiction see gully first national bank supra already done much recognize changed atmosphere analysis bankruptcy power also reveals superficial analogy trustee enforces cause action acquired state law bankrupt federal law merely provides appointment trustee vests cause action confers jurisdiction federal courts section similarly takes rights liabilities state law vested distributively individual members union vests union purposes actions federal courts wherein unions authorized sue sued entity authority trustee depends existence bankrupt propriety proceedings leading trustee appointment depend federal law similar federal propositions may essential action thus validity contract may case challenged ground labor organization negotiating representative employees concerned question held federal la crosse telephone wisconsin employment relations board ground subsequent change representative status union affected continued validity agreement perhaps also qualifications imposed union right utilize facilities national labor relations board dependent filing affidavits required information reports required might read restrictions right union sue providing federal basis challenge union authority consequently bankruptcy cases viewed dependent solely background existence federal questions little analytical basis distinguishing actions bankruptcy decisions may justified scope bankruptcy power may deemed sweep within scope interests analytically outside federal question category sufficiently related main purpose bankruptcy call comprehensive treatment see national mutual ins tidewater transfer concurring part dissenting part also although particular suit may brought trustee district one principal proceedings pending suits trustee even though many federal courts regarded one litigation collection apportionment bankrupt property particular suit trustee state law recover specific piece property might analogized ancillary pendent jurisdiction cases disposition cause action federal courts may pass state grounds recovery joined federal grounds see hurn oursler siler louisville nashville see mishkin phrase arising laws leeway expansion concepts jurisdiction history article iii suggests area great require presence substantial federal interest one greater weight dignity questionable doubt concerning effectiveness state procedure bankruptcy cases might possibly viewed expansion even merely convenient judicial administration whole purpose congressional legislative program conservation equitable distribution bankrupt estate carrying constitutional power bankruptcy required availability federal jurisdiction avoid expense delay nothing pertaining suggests vesting federal courts sweeping power commerce clause comparable vested federal courts bankruptcy power wise distribution governmental powers president sometimes returning bill congress return provision congress respectfully request body face responsibility placed upon constitution define jurisdiction lower courts particularity leave courts large confronted regretfully choice reasons elaborated dissent even reading limited federal rights consistent purposes section impelled view unconstitutional cases present ones provides sole basis exercise jurisdiction federal courts appendix legislative history case bill federal mediation act hearings committee labor sess considered committee provided boards provision concerning suits contracts hearings however concern breach contracts despite filing two memoranda detailing problems enforcement agreements union pp elucidation problem prevalence violation noted desire something promote enforceability expressed pp house report contained comment problem sess bill introduced house floor cong rec sec binding effect contracts contracts shall mutually equally binding enforceable either law equity parties thereto law contrary notwithstanding event breach contract agreement contained contract either party thereto addition remedy remedies existing either law equity suit damages breach injunctive relief equity may maintained party parties district jurisdiction parties defendant action sought commenced maintained labor organization action may filed district district wherein officer labor organization resides may found general comment desirability mutual enforceability contracts cong rec representative francis case comments pertinent representative vorys offering corrective amendments section stated create doubt present existence action damages breach contract labor organization employer means either party labor organization employer may benefit trial jury action since attempting create new right equity side reason refer equity side take away particular benefits advantages one party exist laws keep obligations equal mutual give new rights way injunction either party specifically provide action law damages enforce act violation contracts finally passed house section read sec binding effect contracts contracts shall mutually equally binding enforceable parties thereto law contrary notwithstanding event breach contract agreement contained contract either party thereto addition remedy remedies existing suit damages breach may maintained party parties state district jurisdiction parties hearings senate committee education labor hearings held companion bill bill house hearings held case bill yet passed house house however concern expressed general impression unions subject suits damages breach contract extent employers pp first time however oral testimony directed legislators primary source problem testimony supporting memorandum indicated problem lay status union unincorporated association memorandum however also pointed jurisdictions union viewed acting agent individual employees negotiating collective agreement thus viewed even theory rights obligations contract hearings subcommittee senate committee education labor passed house case section opening miscellaneous provisions bill brief like read think speaks almost seem unnecessary say contracts entered two parties call mutual obligations mutual observance implicit contracts whether expressed statutory provisions saying equally binding enforceable interpretations theories binding labor organizations involved thought harmony president said recognizing practical situation find methods peaceful negotiation also insuring contracts made must lived section bill subject section modified somewhat consideration house originally think provision authorizing restraining orders eliminated consent others studying bill thought possibly met situation authorizing suit damages breach contract senator taft case one two minor questions says contracts shall enforceable suit state district jurisdiction parties intend give jurisdiction district purely local contracts dealing interstate commerce limited way case may places bill worked first declaration public interest thought resting general welfare clause clearly within authority congress substantial public interest involved take cognizance senator taft think probably jurisdiction confined type dispute interstate character jurisdiction national labor relations board case certainly objection clarification point course senator aware fact interpretation recently subject interstate commerce broad anything affects interstate commerce technically interstate commerce ruled interstate commerce senator taft hand still field intrastate commerce destroy although goes long way case far concerned glad protect vanishing field intrastate commerce senators wanted clarify objection senator taft question relating section occurs effect binding enforceable related incorporation unions understand agreement already mutually equally binding enforceable ca think circumstance problem seems practical problem many successfully suing union incorporated take section change requirements state say make every member union party really meet particular difficulty seems chief difficulty enforcing agreements case think make officers agent suable think extend individual members union language contract made mutually equally binding enforceable parties thereto wagner act party contract recognized bargaining agent senator taft recognized bargaining agent union officers union union union usually unincorporated association point trying make want sue unincorporated association many almost impossible get requirements serve every member ca reach ca find many cases whole thing delayed long tedious problem done sue unincorporated association serving officers us bill senator byrd requiring unions incorporated purpose carrying see purpose least partially wondered whether really effective meet actual difficulty today enforcing agreements case well intent make possible bring action union common name association senator taft say effect think think law contrary notwithstanding affect method bring suit unincorporated association senator ball make possible sue union entity federal simply serving officers senator taft think unless said might conceivably say senator ball question effect waive state laws make provision apply state courts senator taft think authorize suit brought federal thought confined interstate cases case following procedure probably however law state action brought senator taft know complicated question know federal comply state law case senator probably familiar called second coronado case familiar details read references think held injunction obtained union party course section carry injunctive procedure least seemed recognize union might made object action association without reaching individual members senator taft carry civil injunction process one generally usable laws equity think say binding enforceable whatever equitable remedies might state might considered proper used senator smith like ask case one question section difficulty seeing changes situation quite see need put bill let say first studied carefully raising question comes case intent primarily meet technical legal difficulty present time union suable actionable association unless incorporated avoid necessity joining members union parties senator taft suggest purpose say many words case appreciate senator suggestion senator smith difficulty seem make clear intent pp less discerning discussion pp senate report sess majority committee also considered rejected section passed house explicitly declare contracts shall mutually binding enforceable parties thereto first place proposal appears based upon misapprehension legal responsibility parties contracts agreements present legally enforceable courts federal courts jurisdiction otherwise established according applicable law unions may sued names doctrine first coronado case mine workers coronado coal company legally therefore proposed provision unnecessary practically presents serious dangers offering easy access courts cases breach agreement alleged act inducement litigate every alleged grievance result flood litigation making courts battlefield industrial disputes increasing rather eliminating acrimony conflict parties addition committee wishes point fallacy widely held notion breaches contract often committed labor organizations employees contrary breaches contract employers elsewhere stated greater length report committee feels labor disputes settled conference negotiation compromise use mandatory judicial processes pp amendment minority proposal make unions suable legal entities federal courts violation contract liability limited union assets enforceable individual members property subsection provide individual employees participated wildcat strike violation contract sanctioned approved union union liable employees lose legal status employees wagner act leaving employer free discharge agreements theoretically legally enforceable contracts practical matter many obstacles suits unions imposed actually binding one party employer minority believes provision imposing equal responsibility parties contracts absolutely essential stability labor relations argument far advanced employers might embarrass unions suits enforcement contract hardly valid ground continuing regard contracts arrangements wherein one party receives benefits assumes binding obligations whatsoever pp text amendment amend inserting proper place following new section sec suits violation contract concluded result collective bargaining employer labor organization contract affects commerce defined act may brought district jurisdiction parties labor organization whose activities affect commerce defined act shall bound acts duly authorized agents acting within scope authority said labor organization may sue sued entity behalf employees represents courts provided money judgment labor organization shall enforceable organization entity assets shall enforceable individual member assets purposes section district courts shall deemed jurisdiction labor organization district organization maintains principal office district duly authorized officers agents engaged promoting protecting interests employee members service summons subpena legal process upon officer agent shall constitute service upon labor organization employee participates strike stoppage work violation existing agreement strike stoppage ratified approved labor organization party agreement exclusive bargaining rights employee shall lose status employee employer party agreement purposes sections national labor relations act provided loss status employee shall cease reemployed employer purpose amendment simple make contracts equally binding enforceable parties courts held purpose wagner act compel employers bargain collectively employees end employment contract binding parties made heinz neither wagner act federal statute makes labor unions legally responsible carrying agreements laws many make difficult sue effectively recover judgment unincorporated labor union difficult reach funds union satisfy judgment necessary serve members action maintained union almost impossible process see testimony raymond smethurst committee february despite practical difficulties collection judgment union national labor relations board held unfair labor practice employer insist union incorporate post bond establish sort legal responsibility collective agreement president truman opening conference november took cognizance condition said plainly collective agreements mutually binding parties contract shall find methods peaceful negotiation labor contracts also insuring industrial peace lifetime contracts contracts made must lived changed manner agreed upon parties expect confidence agreements made must responsibility integrity sides carrying unions break agreements relative impunity agreements tend stabilize industrial relations execution agreement promote industrial peace main reason employer sign collective labor agreement assure uninterrupted operation term agreement without effective method assuring freedom economic warfare term agreement little reason employer desire enter agreement consequently encourage making agreements promote industrial peace faithful performance parties collective agreements dealing interstate commerce enforceable federal courts amendment provide suits unions legal entities unions legal entities federal courts disputes affecting commerce defined sec act amendment specifically provides assets union attached satisfy money judgment property individual members organization become absolutely free liability judgment thus members union secure advantages limited liability without incorporation union proposed amendment relative union liability specifically provides labor organization bound acts authorized agents thus labor organization liable damages arising result unauthorized strike carried violation contract union officer thereof authorize strike participate support subsequently approve liability imposed union consequence work stoppage protect employer work stoppages violation agreement approved union employees take part strikes lose status employees sections national labor relations act employer refuse rehire strike besides providing remedy employer irresponsible interruptions production provision tend strengthen sound union discipline initial obstacle enforcing terms collective agreement union breached provisions difficulty subjecting union process great majority labor unions unincorporated associations common law voluntary associations suable wilson airline coal company iowa iron molders union company consequence rule jurisdictions absence statute unincorporated labor unions sued common name grant carpenters district council accordingly difficulty impossibility enforcing terms collective agreement suit law union arises fact individual member union must named made party suit enacted statutes subject unincorporated associations jurisdiction law courts statutes means uniform pertain fraternal societies welfare organizations associations business courts excluded labor unions application hand including california montana construed statutes permitting common name suits associations business apply labor unions armstrong superior cal vance mcginley mont similarly restrictive considerable number action permitted union representatives proceedings plaintiff maintained action associates include alabama california connecticut delaware maryland montana nevada new jersey new york rhode island south carolina vermont least one jurisdiction district columbia liberal view held unincorporated labor unions may sued legal entities even absence statute busby elec util emp union appeals district columbia january federal courts whether unincorporated union sued depends upon procedural rules state action brought busby elec util empl union law adv op december act insulated labor unions field injunctions liability breach contract held federal strikes picketing boycotting carried breach collective agreement involve labor dispute act make activity enjoyable sic without showing requirements condition issuance injunction act wilson birl great number enacted statutes modeled act courts many jurisdictions held strike violation collective agreement labor dispute enjoined nevins kasmach bulkin sacks federal laws giving either employer even government right action union breach contract thus substantive right enforce order make union suable federal courts even unions suable union funds may reached payment damages judgments decrees rendered association entity may unenforceable see aalco laundry laundry linen union mo app however statutes provide recognition legal status associations association funds become subject judgments deeney hotel apt clerks union california financial statutory liability associations provided among alabama california colorado connecticut delaware new jersey north dakota south carolina even however whether labor unions included within definition association matter local judicial interpretation apparent jurisdictions particularly federal government authorize actions labor unions legal entities mutual responsibility necessary vitalize agreements congress protected right workers organize passed laws encourage promote collective bargaining statutory recognition collective agreement valid binding enforceable contract logical necessary step promote higher degree responsibility upon parties agreements thereby promote industrial peace argued result making collective agreements enforceable unions longer consent inclusion clause contract argument supported record enacted laws effort secure measure union responsibility breaches contract four minnesota colorado wisconsin california thus far enacted laws far learned clauses continued event certainly point bargained union status representative nlra bargained good faith employer reluctance including clause intends live terms contract improvement result stability industrial relations course obvious pp senator taft president amendment third last amendments attempt strengthen process know anything greater demand recognition labor unions shall responsible contracts exactly employer responsible said purpose wagner act compel employers bargain collectively employees end employment contract binding parties made quote president truman address conference november shall find methods peaceful negotiation labor contracts also insuring industrial peace lifetime contracts quote still president truman address contracts made must lived changed manner agreed upon parties expect confidence agreements made must responsibility integrity sides carrying bill introduced recall senator virginia byrd require labor unions incorporate found awkward thought unnecessary provide amendment voluntary associations shall effect suable corporations suable federal courts contract involves interstate commerce therefore involves federal question matter fact labor unions theory responsible contracts times sued including actions tort danbury hatters case remembered judgment obtained voluntary association houses various members levied upon taken satisfaction judgment want perpetuate condition therefore provide simply labor union may sued corporation sued funds labor organization assets responsible judgment funds assets individual members liable judgment words think subsection subsection fairly stated proposition let finish discussing subsection first simply provides labor unions may sued may served provides machinery suit may brought difficulty respect unincorporated associations state laws difficult sue theory suable practical matter many almost impossible sue necessary make practically every member labor organization party suit various kinds restrictions difficulties exist practical matter large part makes absolutely impossible sue labor union cong rec good agreement people bound agreement men bound carry union wants carry men say liable provision applies action individual violation agreement pending amendment simply seeks establish unions responsibility carrying contracts apply employers president contention opponents amendment unions suable state courts lawyer staff looked number recent decisions several show kentucky west virginia massachusetts illinois important industrial unions sued legal entities president seems equal responsibility parties contract principle senate apply field labor relations hope amendment adopted proposal minority members committee proposing amendment create completely new federal right courts create new right unincorporated associations set new special right unions realize full implication matter remembered courts distinguished courts several operate set laws defining jurisdiction possible bring case courts federal courts created solely purpose handling special matters appropriately jurisdiction federal agency thus suits involving rights citizen federal statute may go federal suits involving citizens one state may go federal appropriate circumstances state law today respect right bring suit federal violation agreement law situation identical affecting individuals corporations associations diversity citizenship plaintiffs defendants different action may brought federal courts rights federal statute involved matter may brought federal short general law matter appropriate federal jurisdiction involved suits labor contracts type contract may brought federal courts senators making present proposal satisfied however proposal take labor agreements category normal state operations make times circumstances matter federal courts proposal create new special federal right enforce federal courts terms labor agreement continuing discussion amendment wish say first issue whether agreement may enforced agreements enforceable courts kind agreement law today first question whether agreements unlike agreements thrown federal courts made subject federal jurisdiction minority views senate labor committee urging adoption amendment correctly assert federal courts must follow laws suits agreements federal statute involved minority views however give incorrect picture laws various question present time fully permit suits brought unincorporated associations names words least allow suit brought employee group employees violation agreement comparative freedom courts equity also make sic possible limit recoveries funds property belonging associations condition permitting type suit senators view progress made see reason necessary federal government invade realm extent furnish laws governing suits breaches purely private contracts law governing private contracts traditionally matter state control lightly violate separation functions guise controlling interstate commerce president minority views picture dark future party wishes enforce agreement labor union actually picture given quite misleading instance says employer even government federal right action enforce collective bargaining agreement course amendment senator minnesota allow federal right action enforce agreement us lawyers know party enters ordinary private contract practically federal right action contract enforced amendment senator minnesota contract enforceable federal courts therefore violate cardinal principle law namely contracts enforceable state courts president another point regarding pending amendment like mention amendment discussion designed make easier employers bring suit labor unions members senate realize almost impossible labor union sue employer breach contract agreements generally construed either contracts employer employees contracts benefit employees either case injured employees must usually sue union may bring suit interest matter furthermore even though disability sue unincorporated association largely removed still difficulties bringing suit employer bringing defendant senate going confer special privileges one side probably also adopt amendment confer privileges side ball senator complaining unions difficulty suing employers violations contract amendment cure situation magnuson understand perhaps read amendment carefully perhaps language changed ball language amendment may sue sued senator taft amendment incorporated bill senate without substantial alteration cong rec see infra house debates house accepted senate version without requesting conference representative case section stability carry purpose house bill provided making contracts actually binding upon parties found permit suing labor contract many unless provision federal law contracts good words president lifetime contracts senate carefully properly drafted provision way insure contracts words president truman made must lived changed manner agreed upon parties individual members union made liable money judgment might point union entity cong rec second point bill provides mutuality contracts body labor union among group men women say parties contract mutually liable employer liable contracts token employee however contain provision collective bargaining meeting minds upon contract agreeable parties duration contract agreed upon parties bound terms provisions contract course merely law every american guided sanctity contracts must remain inviolate parties contract fully agreed upon must bound terms provisions contained therein assurance labor carry contractual obligations provisions contracts made entered also provides suits labor organizations damages done management violation contract right action given employer labor union damages sustained breach contract employer union contract entered aggrieved party right action party fault sec suits violation contract concluded result collective bargaining employer labor organization contract affects commerce defined act may brought district jurisdiction parties labor organization whose activities affect commerce defined act shall bound acts duly authorized agents acting within scope authority said labor organization may sue sued entity behalf employees represents courts provided money judgment labor organization shall enforceable organization entity assets shall enforceable individual member assets purposes section district courts shall deemed jurisdiction labor organization district organization maintains principal office district duly authorized officers agents engaged promoting protecting interests employee members service summons subpena legal process upon officer agent shall constitute service upon labor organization employee participates strike interference performance existing collective bargaining agreement violation agreement strike interference ratified approved labor organization party agreement exclusive bargaining rights employee shall lose status employee employer party agreement purposes sections national labor relations act provided loss status employee shall cease reemployed employer section accord principle fair right hold labor union responsible violation contract however legislation goes much section taken conjunction next section largely repeals act changes congressional policy sure without repealing act sound effective means enforcing labor responsibility found ii act hearings committee education labor sess among bills consideration contained section concerning federal jurisdiction touching breach contract provided equal responsibility liability sec suits violations contracts employer labor organization contracts affect commerce defined act may brought either party district jurisdiction parties labor organization whose activities affect commerce defined act shall bound acts duly authorized agents acting within scope authority said labor organization may sue sued entity behalf employees represents courts provided money judgment labor organization entity assets shall enforceable individual member assets purposes section district courts shall deemed jurisdiction labor organization district organization maintains principal office district duly authorized officers agents engaged promoting protecting interests employee members service summons subpena legal process upon officer agent shall constitute service upon labor organization considered analysis problem remedy proposed occurred testimony secretary labor schwellenbach suits labor organizations section section section res refer suits labor organizations subjects widely discussed little understood one agree labor unions subject suit general idea seems labor unions subject suit labor unions concept basis law labor unions suable common names unincorporated associations matter fact unincorporated associations sued common name action law breach contract tortious conduct since adoption federal rules civil procedure sue sued federal courts rule rules provides part reading capacity sue sued shall determined law state district held except partnership unincorporated association capacity law state may sue sued common name purpose enforcing substantive right existing constitution laws since field necessary legislative action narrow see reason gates federal courts opened wide invite litigation done bills listed three suggestions make concerning bills second see necessary field abandon diversity citizenship requirement fact doubt abandoned constitutionally constitution know limits suits federal courts cases arising constitution laws involving diversity citizenship grappled question meaning arising laws good many times make categorical statement whether proposed legislation courts hold suits started arise laws however general concept always private litigation necessary prerequisite federal jurisdiction diversity citizenship pp equal responsibility liability sec action proceeding involving violation agreement employer labor organization representative employees may brought either party district jurisdiction parties without regard amount controversy agreement affects commerce otherwise jurisdiction cause labor organization whose activities affect commerce shall bound acts agents may sue sued entity behalf employees represents courts money judgment labor organization district shall enforceable organization entity assets shall enforceable individual member assets purposes actions proceedings labor organizations district courts district courts shall deemed jurisdiction labor organization district organization maintains principal office district duly authorized officers agents engaged representing acting employee members service summons subpena legal process upon officer agent labor organization capacity shall constitute service upon labor organization actions proceedings involving violations agreements employer labor organization representative employees provisions act march entitled act amend judicial code define limit jurisdiction courts sitting equity purposes shall application respect either party majority makes labor organizations equally responsible employers contract violations provides suit either district courts section deals improved form another subject included last year case bill provides actions proceedings involving violations contracts employers labor organizations may brought either party district labor organizations make contracts employers organizations subject judicial remedies processes respect proceedings involving violations contracts applicable citizens labor organizations justifiably ask treated responsible contracting parties unless willing assume responsibility contracts extent party must assume public opinion polls evidence committee show nearly percent union members concur view reason section heretofore pointed make labor organization equally suable also makes act inapplicable among things change makes applicable cases rules evidence apply suits involving citizens pp section title iii dual purpose first giving federal courts jurisdiction without regard amount controversy entertain actions involving violations collective bargaining agreements affecting commerce otherwise jurisdiction cause second providing suit labor organizations whose activities affect commerce judgment enforceable union assets suits union bound acts agents courts power grant injunctive relief regardless provisions act question amenability unions suit subject much misunderstanding unions never exempt suit labor unions difficult reach union assets unions unincorporated associations even difficulties removed great majority actually union funds easily reached laws effect permitting satisfaction judgments central funds union remaining statute permit union assets reached representative suits type action permit suits unions common name union cases liability attaching union funds also assets every individual member union bill seek open federal courts generally suits labor organizations since adoption federal rules civil procedure however federal courts already authorized entertain suits labor organizations already permit effective recovery union funds rule rules provides part follows capacity individual one acting representative sic sue sued shall determined law domicile cases capacity sue sued shall determined law state district held except partnership unincorporated association capacity law state may sue sued common name purpose enforcing substantive right existing constitution laws concluded therefore exists narrow field necessary federal legislative action perceived little reason federal courts opened wide degree inviting litigation rules presently existence effectively permit suit may sound discretion broadened even permit suit regardless state procedural laws without necessity legislation question conferring upon federal courts broad power entertain suits violation union agreements regardless amount involved apparently complete disregard constitutional requirement diversity citizenship fraught grave issues policy legality appear particularly unwise abandon field present requirement amount controversy prerequisite federal jurisdiction feared result involve federal courts already overburdened great mass petty litigation amounts less easily capable adjudicated effectively numerous state courts type action undoubtedly invite return conditions federal courts prohibition days bogged litigation ordinarily handled average police legality bill apparently give federal courts jurisdiction disputes union agreements affecting commerce regardless diversity citizenship parties constitution limits suits federal courts cases arising constitution laws involving diversity citizenship constitution art sec bill apparently attempts found jurisdiction upon constitution laws use words agreement affects commerce involved however substantive right laws constitution actually substantive legal questions contract dispute decided accordance applicable state law held fact circumstances involve engaging interstate commerce permit federal courts assume jurisdiction diversity citizenship metropolitan railway receivership ed therefore concluded aspect bill constitutes approach doubtful legality certainly hasty unwise noted bill makes effort secure union responsibility acts agents general language used submitted however instead care used determining acts duly authorized agents acting within scope authority pp representative hartley makes labor organizations equally responsible employers contract violations provides suit either district courts cong rec understanding section section dealing equal responsibility collective bargaining contracts strike actions proceedings district courts contemplates ordinary lawsuits damages also remedial proceedings legal equitable might appropriate circumstances words proceedings example brought employers labor organizations interested individual employees declaratory judgments act order secure declarations legal rights contract bill passed house form introduced legislative history senate hearings committee labor public welfare res sess consideration introduced senators ball taft smith contained section suits labor organizations sec suits violation contracts concluded result collective bargaining employer labor organization representing employees industry affecting commerce defined act may brought district jurisdiction parties labor organization represents employees industry affecting commerce defined act shall bound acts duly authorized agents acting within scope authority said labor organization may sue sued common name courts provided money judgment labor organization shall enforceable organization entity assets shall enforceable individual member assets purposes section district courts shall deemed jurisdiction labor organization district organization maintains principal office district duly authorized officers agents engaged promoting protecting interests employee members service summons subpena legal process upon officer agent shall constitute service upon labor organization employee participates strike interference performance existing agreement violation agreement strike interference ratified approved labor organization party agreement exclusive bargaining rights employee shall lose status employee employer party agreement purposes sections national labor relations act provided loss status employee shall cease reemployed employer unions testimony filed statements unanimously opposed section one points constantly made belief state law regard responsible contracts erroneous pp procedural nature problem however seldom made explicit pp significant testimony occurred secretary labor schwellenbach appeared witness secretary schwellenbach suits labor organizations subject upon much discussion little widespread information general concept labor unions exempt suits labor unions legal basis conclusion exempt suits unincorporated associations actually union unincorporated associations subject suits since adoption federal rules civil procedure sue sued federal courts since field necessary legislative action narrow see reason gates federal courts opened wide invite litigation done proposed section speaking lawyer former member federal judiciary objection abandonment field requirement amount controversy prerequisite federal jurisdiction right jealously guarded congress federal courts cluttered great mass petty litigation involving amounts less bring back position occupied prohibition days became little bit level average police insofar criminal work concerned see necessary field abandon diversity citizenship requirement fact doubt abandoned constitutionally constitution know limits suits federal courts cases arising constitution laws involving diversity citizenship grappled question meaning arising laws good many times make categorical statement whether proposal sic legislation courts hold suits started arise laws however general concept always private litigation necessary prerequisite federal jurisdiction diversity citizenship addition care used determining acts duly authorized agents operating within scope authority extent distinction must made labor unions organizations question fully discussed studied argued congress time passage act language used limited liability organization unlawful acts individual officers members agents clear proof actual participation actual authorization acts ratification acts actual knowledge thereof exceptions found officers international unions anxious prevent breaking contracts employers found officers local unions large much anxious prevent breaking contracts small groups within union respectfully suggest language act inserted provision section chairman senator taft secretary course basis jurisdiction federal law words saying matters contracts shall made certain ways parties shall compelled negotiate furnish solution difficulty interstate commerce difficulty quite see suits regarding contracts made properly subject federal law arising laws therefore subject properly jurisdiction federal courts understand cover whole subject federal laws say come suing federal jurisdiction understand secretary schwellenbach contending federal jurisdiction two objections clutter federal courts small suits chairman think many suits unions violating contracts think club closet awkward suit many unions funds collect think suit brought certainly involve seem bring great deluge litigation upon federal courts secretary schwellenbach testifying former federal judge desire protect courts large volume small matters senator ellender limitation make secretary schwellenbach requirements jurisdiction reference suits amount controversy diversity citizenship got right go state courts know senator ball pretty important industrial among though go state courts massachusetts virginia rhode island senator donnell leave illinois missouri laughter secretary schwellenbach going get one senator pepper secretary mentioned unincorporated association suable provide suable federal rules suable federal courts cases matter state determine whether federal courts jurisdiction whether suable state courts secretary schwellenbach objecting provision except like idea senator pepper fact secretary schwellenbach yes senator pepper second place get intimation statement made decision sic quite sure chairman recognized agreed namely difference intrusting right exists federal law federal constitution redress federal attempt congress merely provide federal forum federal procedure determination substantive rights might enforced state law distinction meant suggest secretary schwellenbach bench suppose tried half dozen cases involving question whether jurisdiction arose federal statute tough tough hard distinguish making categorical statement senator pepper mean suggest distinction congress provide forum secretary schwellenbach proposes provide federal forum suits labor senator pepper violation substantive rights congress lay rules damages cases within congressional jurisdiction involving interstate commerce congress lay obligations parties prescribe rules measure damages forth violation obligations suit enforcement penalty provided redress allowed might properly brought federal courts seems intention transfer federal courts suits breach contract contracts entered local law redress available local law pp suits labor organizations sec suits violation contracts concluded result collective bargaining employer labor organization representing employees industry affecting commerce defined act may brought district jurisdiction parties without respect amount controversy without regard citizenship parties labor organization represents employees industry affecting commerce defined act may sue sued common name courts provided money judgment labor organization shall enforceable organization entity assets shall enforceable individual member assets purposes section district courts shall deemed jurisdiction labor organization district organization maintains principal office district duly authorized officers agents engaged promoting protecting interests employee members service legal process upon officer agent shall constitute service upon labor organization make organization party suit majority enforcement contract responsibilities committee bill makes contracts equally binding enforceable parties judgment committee breaches collective agreement become numerous sufficient allow parties invoke processes national labor relations board breaches occur bill proposes title feel aggrieved party also right action federal courts policy completely accord purpose wagner act declared compel employers bargain collectively employees end employment contract binding parties made heinz laws many make difficult sue effectively recover judgment unincorporated labor union difficult reach funds union satisfy judgment necessary serve members action maintained union almost impossible process despite practical difficulties collection judgment union national labor relations board held unfair labor practice employer insist union incorporate post bond establish sort legal responsibility collective agreement president truman opening conference november took cognizance condition said plainly collective agreements mutually binding parties contract shall find methods peaceful negotiations labor contracts also insuring industrial peace lifetime contracts contracts made must lived changed manner agreed upon parties expect confidence agreements made must responsibility integrity sides carrying unions break agreements relative impunity agreements tend stabilize industrial relations execution agreement promote industrial peace chief advantage employer reasonably expect collective labor agreement assurance uninterrupted operation term agreement without effective method assuring freedom economic warfare term agreement little reason employer desire sign contract consequently encourage making agreements promote industrial peace faithful performance parties collective agreements affecting interstate commerce enforceable federal courts amendment provide suits unions legal entities unions legal entities federal courts disputes affecting commerce amendment specifically provides assets union attached satisfy money judgment property individual members organization subject liability judgment thus members union secure advantages limited liability without incorporation union initial obstacle enforcing terms collective agreement union breached provisions difficulty subjecting union process great majority labor unions unincorporated associations common law voluntary associations suable wilson airline coal company iowa iron molders union company consequence rule jurisdictions absence statute unincorporated labor unions sued common name grant carpenters district council accordingly difficulty impossibility enforcing terms collective agreement suit law union arises fact individual member union must named made party suit enacted statutes subject unincorporated associations jurisdiction law courts statutes means uniform pertain fraternal societies welfare organizations associations business courts excluded labor unions application hand including california montana construed statutes permitting common name suits associations business apply labor unions armstrong superior vance mcginley mont similarly restrictive considerable number action permitted union representatives sic proceedings plaintiff maintained action associates least one jurisdiction district columbia liberal view held unincorporated labor unions may sued legal entities even absence statute busby elec util emp union appeals district columbia federal courts whether unincorporated union sued depends upon procedural rules state action brought busby elec util empl union law adv op act insulated labor unions field injunctions liability breach contract held federal strikes picketing boycotting carried breach collective agreement involve labor dispute act make activity enjoyable sic without showing requirements condition issuance injunction act wilson birl great number enacted statutes modeled act courts many jurisdictions held strike violation collective agreement labor dispute enjoined nevins kasmach bulkin sacks federal laws giving either employer even government right action union breach contract thus substantive right enforce order make union suable federal courts even unions suable union funds may reached payment damages judgments decrees rendered association entity may unenforceable see aalco laundry laundry linen union mo app however statutes provide recognition legal status associations association funds become subject judgments deeney hotel apt clerks union california financial statutory liability associations provided among alabama california colorado connecticut delaware new jersey north dakota south carolina even however whether labor unions included within definition association matter local judicial interpretation apparent jurisdictions particularly federal government authorize actions labor unions legal entities mutual responsibility necessary vitalize agreements congress protected right workers organize passed laws encourage promote collective bargaining statutory recognition collective agreement valid binding enforceable contract logical necessary step promote higher degree responsibility upon parties agreements thereby promote industrial peace argued result making collective agreements enforceable unions longer consent inclusion clause contract argument supported record enacted laws effort secure measure union responsibility breaches contract four minnesota colorado wisconsin california thus far enacted laws far learned clauses continued event certainly point bargained union status representative nlra bargained good faith employer reluctance including clause intends live terms contract improvement result stability industrial relations course obvious pp section section contained title iii relates suits labor organizations breach collective bargaining agreements read connection provisions section title also dealing breach contracts legal effect section described length main body report supra finally sections together section give rise conflict jurisdiction national labor relations board district courts latter section permits suits district courts violations agreements parties agreements thus choice bringing action board district courts obviously necessity uniform decisions matters avoidance conflicting decisional rules judicial bodies make legislative scheme wholly undesirable suits violation agreements federal courts always jurisdiction entertain suits breach contracts awarded money damages amount controversy fulfills present requirement diversity citizenship exists nederlandsche amerikaanische stoomvart maatschappij stevedores longshoremen benevolent society fed apparent language section change made application state law purpose section suits violation contracts concluded industry affecting commerce may brought district every district still required look state substantive law determine question violation section therefore create new cause action merely makes existing remedy available persons removing requirements amount controversy diversity citizenship interstate commerce affected federal courts made available tribunal every petty cause action citizens state undoubtedly many instances residents community application federal judge exactly principles law govern controversy brought state judge numerous state courts added practical objections serious questions concerning legality abandoning requirement constitution limits suits federal courts inter alia cases arising constitution laws involving diversity citizenship constitution art iii sec reflection upon practical legal objections phase bill lead conclusion little useful purpose served making federal courts broadly available adjudication disputes agreements advantage indeed may called advantage give many disputing parties otherwise unavailable opportunity choose federal forum rather state forum substantive law governing settlement dispute changed least matter forum chosen conviction added burdens upon federal courts doubtful legality measure constitute extravagant price pay needless indulgence benefiting litigants whose remedies adequate state courts federal courts pp senator taft president title iii bill page makes unions suable federal courts violation contract matter law unions course liable theory contracts today practical matter difficult sue incorporated many members members must served difficult know served pending bill provides sued corporations judgment found labor organization even though unincorporated association liability labor union funds individual members union fallen famous cases great financial distress individual members labor unions cong rec purpose title iii purpose title iii give employer employee right go federal courts bring suit enforce terms agreement exactly subject matter contained titles ii impossible separate finally provision title iii bringing lawsuit breach contract breach kind contract breach contract collective bargaining senator oregon speaking paragraph page stated clearly purpose enforcing agreement duplicating two remedies one lawsuits violation agreement making violation agreement unfair labor practice think legitimate objection amendment fourth give employers right sue union interstate commerce federal violation contract go beyond matter law think right unions voluntary associations common law great many requires service every member union difficult judgment rendered holds every member liable judgment pending measure providing union may sue sued legal entity violation contract liability damages lie union assets prevent repetition danbury hatters case many members lost homes judgment rendered union also ran individual members union come title iii brief merely provides suits labor organizations requires labor organizations well employers shall responsible carrying contracts legally entered result collective bargaining title iii conceive sound reason party contract responsible fulfillment contract outside comprehension anyone take position heard argued terrible thing make labor unions responsible carrying contracts quotation find justice brandeis greatest friend labor federal judicial field said greatest thing labor recognize responsibility quotation address delivered economic club boston december unions take position squarely amenable law prepared take consequences transgress thus show full sympathy spirit people whose political system rests upon proposition government law men see anyone take issue statement take issue provisions title iii simply carry idea providing whichever side guilty violating contract solemnly entered shall responsible damages resulting violation done title iii pending bill state terms principle brandeis lays precept followed unions desire respected community believe labor unions made responsible laws citizens must comply think anyone justified giving labor unions legal immunity practice coercion seek exercise secondary boycott engage violence seek evade responsibility damages may rightly charged reason earth allow labor unions special exemption laws citizens must comply minority see wisdom permitting suits federal courts concerning violation agreements regardless amount involved constitutional requirement diversity citizenship clear federal courts already open suits present federal requirements met object burdening host petty litigation heretofore countenanced way state courts adequate purposes petty suits nonetheless found present inability federal courts permit union assets reached easily application state procedural laws prevent suits unincorporated associations reason section grant jurisdiction otherwise justiciable contract actions suit brought union common name consider provisions open federal courts damage suits breach collective bargaining agreements content unfair labor practice provisions relative breaches agreements authors propose give government two bites cherry must remembered provisions fact give remedy none previously existed although care taken create impression provisions really invite federal district courts police parties adherence agreements dispensing sensible statutory requirement jurisdictional amount constitutional requirement diversity citizenship firmly convinced vain effort sure suits contemplated provisions regarded courts presenting federal question one procedure found title permits course suits employers unions breach contract subject great deal criticism part unions think criticism well founded opinion union officials sign labor contract signature given sanctity effect signature employer going along proposal legislation permits suits breach contract unions think careful reading labor leaders particular proposal contained bill dispel minds many exaggerated fears seem entertain may think fair proper unions damage property rights employers third parties result breaches contract held responsible obligation took unto signed contract section remained unchanged bill passed senate conference report sess conference revised section presently force report stated suits labor organizations section house bill section senate amendment contained provisions relating suits labor organizations courts conference agreement follows general provisions house bill changes therein hereafter noted section house bill provided action proceeding involving violation contract employer labor organization might brought either party district jurisdiction parties without regard amount controversy contract affected commerce otherwise jurisdiction senate amendment jurisdictional test whether employer industry affecting commerce whether labor organization represented employees industry test contained senate amendment also contained conference agreement rather test house bill required contract affect commerce section house bill provided labor organization whose activities affected commerce bound acts agents might sue sued entity courts money judgment suit enforceable organization entity assets individual member assets conference agreement follows provisions house bill except subsection made applicable labor organizations represent employees industry affecting commerce employers whose activities affect commerce later defined provided employer labor organization bound acts agents subsection succeeding subsections section conference agreement case house bill also senate amendment general application distinguished subsection pp house representative case bill incorporates provisions case bill last year pretty much accepted proper subjects legislation instance bill establishes suability labor organizations entities bill last year objection suits labor organizations stemmed proper resentment travesty took place old danbury hatters case individual members union harried property attached satisfy judgment action taken officers control bad action minority individual stockholders corporation acts control bill last year bill language making labor organizations responsible contracts acts agents limits judgments assets organization cong rec veto message doc sess discourage growing willingness unions include strike provisions bargaining agreements since labor organization signing agreement expose suit contract violation members engaged unauthorized wildcat strike bill invite unions sue employers courts regarding thousands minor grievances arise every day interpretation bargaining agreements time expose unions suits acts violence wildcat strikes actions none authorized ratified house representative robsion number years high responsible labor leaders stated believe observance contracts parties one purposes organizing collective bargaining make contract management workers bill provides management labor shall fairly honestly live terms contract either party breaks contract suffers loss damage thereby party fault must respond fair damages parties intend live contract take time trouble incur expense making contract cong rec senator taft perfectly reasonable bill every respect free collective bargaining must two responsible parties provisions bill deal question making unions responsible reason world union responsibility corporation engaged business provided union may sued corporation opinion applies also general electric local electrical radio machine workers post textile workers post sec suits violation contracts employer labor organization representing employees industry affecting commerce defined act labor organizations may brought district jurisdiction parties without respect amount controversy without regard citizenship parties labor organization represents employees industry affecting commerce defined act employer whose activities affect commerce defined act shall bound acts agents labor organization may sue sued entity behalf employees represents courts money judgment labor organization district shall enforceable organization entity assets shall enforceable individual member assets purposes actions proceedings labor organizations district courts district courts shall deemed jurisdiction labor organization district organization maintains principal office district duly authorized officers agents engaged representing acting employee members service summons subpena legal process upon officer agent labor organization capacity shall constitute service upon labor organization purposes section determining whether person acting agent another person make person responsible acts question whether specific acts performed actually authorized subsequently ratified shall controlling seamen union convention time proposed arbitration act contained exemptions furuseth referring effect act individual contracts stated far dealt individual shall seek protect mutual aid organizations strong cohesiveness organizations save individuals decided voluntary organizations may sued shall enter agreement containing arbitration clause little doubt organization bound proceedings annual convention international seamen union america view course litigation taken put one side bearing act first time unions conveniently disregarded suited immediate end vehement feelings secured restriction upon federal courts granting injunctions labor disputes candor compels say think conclusion reached judge bailey aldrich local general electric supp persuasively met osborn might possibly limited ground federal instrumentality bank involved see infra explanation suffice narrow holding pacific railroad removal cases sure upheld removal statute suits prosecutions commenced state federal revenue officers account act committed color office tennessee davis however construed action congress defining powers revenue agents giving substantive defense prosecution state law commission acts warranted federal authority possess put federal law forefront defense event fact officers federal government parties may considered sufficient afford access federal forum see debs mishkin without doubt federal forum available suits involving government agents instrumentalities regardless source substantive rule enunciation requirement fact bring federal law somewhat forefront true osborn pacific railroad removal cases bankruptcy cases cases assertion made state law sufficiently recognize collective agreements contracts appears state today possesses rule probably cases arising certainly present ones never present problem respondent motion appeals amend complaint show diversity citizenship denied alternate grounds possible mootness rule reference questions capacity sue state law view set forth permit section applied constitutionally situations diversity citizenship jurisdiction federal courts apart therefore remand case permit amendment alleging diversity citizenship