Plumbers’ Union v. Borden, 373 U.S. 690 (1963)

Local 100, United Association of

Journeymen & Apprentices v. Borden
No. 541

Argued April 24, 1963
Decided June 3, 1963
373 U.S. 690

CERTIORARI TO THE COURT OF CIVIL APPEALS OF TEXAS,

FIFTH SUPREME JUDICIAL DISTRICT

Syllabus

Respondent, a member of a local plumbers’ union in Shreveport, La., arrived in Dallas, Tex., looking for a job with a construction company on a particular bank construction project there. Although the foreman of the construction company wanted him, he was unable to get the job, because the company’s hiring was done through union referral, and the business agent of petitioner, the local plumbers’ union in Dallas, refused to refer respondent. Respondent sued petitioner in a Texas State Court, seeking damages for such refusal and alleging that petitioner’s actions constituted a willful, malicious and discriminator interference with his right to contract and to pursue a lawful occupation; that petitioner had breached a promise, implicit in the union membership arrangement, not to discriminate unfairly or to deny an member the right to work; and that it had violated certain state statutes. Petitioner challenged the State Court’s jurisdiction.

Held: the conduct of petitioner that was the subject matter of the suit was arguably protected by § 7 or prohibited by § 8 of the National Labor Relations Act, and the State Court was precluded from exercising jurisdiction. San Diego Building Trades Council v. Garmon, 359 U.S. 236, followed. International Assn. of Machinists v. Gonzales, 356 U.S. 617, distinguished. Pp. 691-698.

355 S.W.2d 729 reversed.