LABOR LAW - USE OF FEDERAL REMOVAL JURISDICTION TO DEFEAT STATE COURT INJUNCTION SUITS

The use of the injunction in labor disputes is by no means a thing of the past. Although equitable relief against union activities is no longer generally available in the federal courts, such relief may often be obtained by application to the courts of the states. In response to state court injunction suits involving parties subject to the National Labor Relations Act, astute union counsel have fairly recently adopted an approach which has thus far achieved some degree of success. This new strategy is simply to remove the case to the appropriate federal district court, where, it is anticipated, the limitations on federal equity jurisdiction contained in the Norris-LaGuardia Act will normally lead the court to vacate any temporary restraining order which may have been issued by the state court, and then to dismiss the action.

The success of this maneuver hinges almost entirely on a procedural question-is the case properly removable? But before attempting to analyze this procedural problem it is necessary to give some consideration to the basic substantive law involved.