(concurring).
I agree with the court that the undisputed facts before the District Judge (considering only those which were not subject to the objection stated in appellants’ motion to strike) were sufficient grounds for the District Court’s summary judgment dismissing plaintiffs’ action.
It affirmatively appears that prior to filing of this complaint, the company and union negotiated a supplemental agreement covering removal of jobs and closing of one of defendants’ Cleveland *229plants and benefits for employees laid off thereby.
Plaintiffs do not join the union as a defendant in this suit nor make any allegation of bad faith or collusion concerning its negotiation of said supplemental agreement.
I concur in affirming.