Daniel v. International Longshoremen's Ass'n, Local No. 1332
Daniel v. International Longshoremen's Ass'n, Local No. 1332
Opinion of the Court
Opinion by
This is an appeal from the dismissal, by an order, of appellants’
A reading of the complaint demonstrates that, while appellee “was duly elected” President of Local 1332 of the International Longshoremen’s Association (Union), that election was declared void by the Union’s District Council. A subsequent election, the subject matter of this appeal, was then held wherein appellant Edward Cooper, II, was elected President. Following this second election the District Council conducted a hearing
This specific statute was considered by this Court in Mamula v. United Steelworkers, 409 Pa. 175, 178-79, 185 A. 2d 595, 597 (1982) :
“There is present, however, in this case an additional jurisdictional problem which requires our attention. Even though the supersedeas we granted permitted the election to continue, we cannot ignore the preemption of our jurisdiction by Title IV, Sec. 402, 29 U.S.C. Sec. 482 of the Landrum-Griffin Act.
“Where the Congress of the United States enacts a comprehensive statute which is intended to occupy the field, the Supremacy Clause of the United States Constitution requires that the state legislature and judiciary defer to the superior command of Congress. This doctrine is particularly applicable in the area of labor law which is covered in detail by numerous comprehensive federal statutes. E.g., Terrizzi Beverage Company v. Local Union No. 830, 408 Pa. 380, 184 A. 2d 243 (1962) ; Navios Corporation v. National Maritime Union of America, 402 Pa. 325, 166 A. 2d 625 (1960); Wax v. International Mailers Union, 400 Pa. 173, 161 A. 2d 603 (1960). The United States Court of Appeals
Notwithstanding the statutory provisions and the language in Mamula, it is appellee’s argument, accepted by the court below, that any preemption discussion is irrelevant since this action does not challenge a previously held election, but only seeks to enforce the order of the Union that a new election be held. In this manner appellee contends that Section 402 is inapposite and that a union member can immediately go into state court if the union local refuses to follow the mandate of its governing body. We think not.
On the instant facts, the enforcement of the “new election” order necessarily involves the nullification of the second election. Stated differently, appellee’s action indirectly challenges the second election, a matter within the purview of the federal statute.
Accordingly, we conclude, as we did in Mamula, that Congress has preempted the field and thus foreclosed our jurisdiction under the instant factual, posture.
Decree reversed.
Appellant International Longshoremen’s Association, Local 1332, is an unincorporated association affiliated with the AFL-CIO and the International Longshoremen’s Association. Appellants Edward Cooper, II, and Charles Brown are the President and Secretary, respectively, of Local 1332.
The complaint avers that this hearing was prompted by appellee’s charges that the second election had been held in violation of federal law as well as the by-laws and constitution of Local 1332 and the International Longshoremen’s Association. It is interesting to note that these are the very allegations necessary to proceed under the federal act
Case-law data current through December 31, 2025. Source: CourtListener bulk data.