The opinion of the court was delivered by: KRAFT
The apparent immediate issue before us in this case is plaintiff's motion for preliminary injunction which, as plaintiff knew, we are powerless to grant. The underlying and critical issue upon which the plaintiff seeks determination is whether this Court has such jurisdiction of the controversy in this case as will sustain its removal here from the State Court and support a refusal of remand thereto.
From the stipulations, admissions and evidence we make the following:
1. Plaintiff is a corporation organized and existing under the laws of the State of Pennsylvania, with its principal place of business in Philadelphia, Pennsylvania. It is an employer within the meaning of § 301 of the Labor Management Relations Act, 1947, 29 U.S.C. § 185.
2. Defendant, Local 25, Marine Division, International Operating Engineers, AFL-CIO, is an unincorporated association with an office at 2604 South 4th Street, Philadelphia, Pennsylvania. It is a labor organization representing employees in an industry affecting commerce, within the meaning of § 301 of the Labor Management Relations Act, 1947, 29 U.S.C. § 185.
3. Defendants, Stephen J. Leslie, William F. Lenga, Joseph C. Ehrmann and Vincent Motzel, are, respectively, the President, Business Representative, Philadelphia Business Agent and Special Representative of the defendant Union.
4. Plaintiff has joined the aforesaid Union officials as trustees ad litem for the defendant Union, and as defendants in their individual capacities.
5. At all times material to plaintiff's cause of action, plaintiff has owned and operated, and does own and, except as prevented by the concerted work stoppage hereinafter mentioned, is operating, various dredges and other floating equipment or plants in the Port and Harbor of Philadelphia, performing services for the United States of America, public utilities and private parties.
6. Plaintiff employs approximately 400 employees aboard its floating equipment.
7. Defendant Union has been certified by the National Labor Relations Board as the representative of the employees of plaintiff for the purpose of collective bargaining.
8. At all times material to plaintiff's cause of action, there existed valid and subsisting collective bargaining agreements between plaintiff and defendant Union, which contained clauses prohibiting strikes, work stoppages, or slowdowns, and providing for binding arbitration procedure to settle disputes between the parties.
9. On or about midnight October 31, 1963, the members of defendant Local 25 commenced a concerted work stoppage aboard plaintiff's dredges, tow boats and drill boat, and said concerted work stoppage still continues.
10. Defendant Local 25 has never made any request for arbitration of any dispute or alleged dispute giving rise to said concerted work stoppage.
11. Plaintiff at all times has been, and still is, willing to arbitrate any dispute in accordance with the provisions of its collective bargaining agreements, and has ...