Vanderbilt Law Review


Paul H. Sanders

First Page



Two decisions during the survey period involve implementation of rights under collective bargaining agreements. These Tennessee decisions interrelate with other decisions in an area of labor law that has been developing with astonishing rapidity since the Supreme Court of the United States embarked on the project of fashioning a body of federal common law governing the enforcement of collective bargaining agreements in the famous Lincoln Mills decision in 1957. It has been determined that rights under collective bargaining agreements, where the parties would be subject to the Taft-Hartley or Labor-Management Relations Act of 1947, arise under this federal common law." Suits for the enforcement of such rights may be maintained in state courts as well as in federal courts. In other words,there is no federal preemption of the subject matter so as to oust state courts of jurisdiction, but the substantive law to be applied is federal law rather than local law.