hereby ORDERED that Defendant’s motion be denied. It is FURTHER ORDERED that the parties shall have 60 days from the date of this order to conduct discovery; and it is FURTHER ORDERED that a trial in this matter will be held on September 17,1993 at 10 a.m. 1 . The Recognition Agreement provided that the Union could demonstrate majority status by a card check procedure instead of a formal National Labor Relations Board (NLRB) election. It further provided that, upon the Union’s demonstration of majority support, the Collective Bargaining Agreement would apply to all new union members. See Plaintiff's Complaint for Declaratory and Injunctive Relief, Exh. B. 2 . See also Retail Clerks Int'l Ass'n Local 128 v. Lion Dry Goods, Inc., 369 U.S. 17, 28, 82 S Ct. 541, 548, 7 L.Ed.2d 503 (1962) (<HOLDING>); Mack Trucks, Inc. v. International Union,
holding that a federal district court may decide whether an activity is an unfair labor practice under the nlra when the matter is raised as a defense to a claim under an independent federal remedy over which the federal district courts do have jurisdiction holding neutrality and nondiscrimination provisions of election agreement enforceable under  301 of the lmra as an agreement between an employer and a labor organization significant to the maintenance of labor peace between them holding plaintiff must charge that the alleged breach violates a contract between two labor organizations holding that state law claim regarding breach of settlement agreement was preempted by federal labor law holdingthat  301a confers jurisdiction on federal district courts over any agreement between employers and labor organizations significant to the maintenance of labor peace between them