This dispute concerns original jurisdiction and subject matter jurisdiction conferred over this action, pursuant to 28 U.S.C. Section 1331, because Plaintiff-Appellant Gerald Nelson ("Nelson") raised claims under section 301 of the Labor Management Relations Act ("LMRA"). Nelson commenced this action in the Supreme court for the state of New York, County of Kings No. 537/22. On August 25, 2022 against New York City Transit Authority ("NYCTA"), The case was then removed to federal court by NYCTA on October 12, 2022. December 11, 2023, Nelson filed an Amended Complaint and added Transportation Workers Union Local 100 ("TWU") as a defendant. The District Court dismissed the case based on 12 (b)(6), failure to state a claim, The Court of Appeals Affirmed, stating: "Nelson challenges the district court jurisdiction.

1. According to the principles established in In re Winn, 213 U.S. 458 (1909), is a writ of mandamus the appropriate remedy for compelling a Circuit court to remand a case to state court when the removal was improper?

2. Under the well-pleaded complaint rule articulated in Caterpillar INC. v. Williams, 482 U.S. 386 (1987), can an employer and union successfully remove a case to federal court if their only argument for federal jurisdiction is a defense of complete preemption under section 301 of the LMRA?

3. What are the jurisdictional boundaries between state and federal courts for section 301 labor cases, as defined by concurrent jurisdiction recognized in Charles Dowd Box Co. v. Courtney 368 U.S. 502 (1962)?

4. Does intentional misrepresentation, false and misleading statements to establish original jurisdiction meet the high bar for proving fraud upon the court, or is it a lesser form of misconduct?

Whether a writ of mandamus can compel a Circuit court to remand a case to state court when removal was improper, and whether complete preemption under LMRA section 301 provides a basis for federal jurisdiction