Section 5 Jurisdiction

LibraryEmployer-Employee Law 2008

State courts have concurrent jurisdiction with federal courts to hear hybrid § 301/DFR actions. Amalgamated Ass’n of St., Elec. Ry. & Motor Coach Employees of Am. v. Lockridge, 403 U.S. 274, 299 (1971); Vaca v. Sipes, 386 U.S. 171, 188 (1967); Local 174, Teamsters, Chauffeurs, Warehousemen & Helpers of Am. v. Lucas Flour Co.,
369 U.S. 95, 101–02 (1962). But the defendants may remove the suits to federal court based on the presence of a federal question under
28 U.S.C. § 1441(b) and under the jurisdictional...

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