The following excerpt is from Beriault v. Local 40, Super Cargoes and Checkers of Intern. Longshoremen's and Warehousemen's Union, 501 F.2d 258 (9th Cir. 1974):
We disagree with the district court here and conclude that plaintiffs actually claim breaches of the collective bargaining agreement and properly invoke federal court jurisdiction. True, 'it is the conduct being regulated, not (plaintiffs') formal description of governing legal standards, that is the proper focus of concern.' Amalgamated Ass'n of Street Employees v. Lockridge, supra at 292, 91 S.Ct. at 1920. And true, much of plaintiffs' complaint is clearly beyond the reach of 301, being concerned not with breaches of the collective bargaining agreement but with the substance of the agreement itself.
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