Case Law Collective Bargaining Agreements
- Posted on September 13, 2021
- in Uncategorized
- by admin
I agree with Mr. JUSTICE REED that, in the Taft Hartley Act, Congress created federal sanctions for collective agreements, which made business and controversies concerning them a justiciable matter for the federal courts and allowed those courts to moderate federal law, land law or other German sources of federal rules for the construction and interpretation of these collective agreements. 2. This conclusion inevitably raises questions about the constitutionality of a transfer of jurisdiction to the federal courts for a treaty falling exclusively within the substantive law of the State, a jurisdiction which is not based on the diversity of nationality in which a federal court, as in diversity cases, would administer the law of the State in which it has its seat. The extent of the authorized federal judicial powers that this duty must fulfill is defined by the Constitution as “cases of law and fairness arising out of this Constitution, the laws of the United States, and treaties that have been or are to be made under their authority.” Article III, § 2. Almost without exception, the decisions taken within the framework of the general statutory powers of jurisdiction, which are remarkably similar to the Constitutional Code, have examined jurisdiction with regard to the existence of a problem requiring the interpretation or application of federal law as an integral part of the applicant`s plea. Although it has sometimes been suggested that the “remedy” must come from federal law, it was found that one aspect of federal law was essential to the applicant`s success. The provocative problem with the process was the extent to which federal law must be at the forefront of the matter and must not be isolated, collateral or peripheral. It was generally accepted that full constitutional jurisdiction was not exhausted by these general statutes of jurisdiction.
And in two lines of decision, with special grants of jurisdiction for actions brought by or against federally registered organizations and bankrupt agents, federal justice has been upheld, although the traditional “federal” theory of jurisdiction has considerable leeway if satisfied by the conditional probability of submitting a federal question. The analysis of these cases within the meaning of this theory shows analogies with Article 301. .