Summary

Byron White Atkinson v. Sinclair Refining Company…

This policy cannot be evaded or truncated by the simple device of suing union agents or members, whether in contract or tort, or both, in a separate count or in a separate action for damages for violation of a collective bargaining contract for which damages the union itself is liable. The national labor policy requires and we hold that when a union is liable for damages for violation of the no-strike clause, its officers and members are not liable for these damages.
Source: Wikisource

Byron White Atkinson v. Sinclair Refining Company…

We hold that this law requires the dismissal of Count II for failure to state a claim for which relief can be granted-whether the contract violation charged is that of the union or that of the union plus the union officers and agents.
When Congress passed § 301, it declared its view that only the union was to be made to respond for union wrongs, and that the union members were not to be subject to levy. Section 301 (b) has three clauses. One makes unions suable in the courts of the United States.
Source: Wikisource

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