United States Court of Appeals For the Seventh Circuit
Civil Procedure — subject matter jurisdiction
Where the parties are engaged in interstate shipping, the court lacks jurisdiction under the FAA over their labor dispute.
“Although Illini Concrete was primarily engaged in operations within Illinois, its truckers occasionally transported loads into Missouri. This means that the truckers were interstate transportation workers within the meaning of § 1 of the FAA as interpreted by Circuit City, which in turn means that the Illini CBA is excluded from the FAA’s coverage. Because the Illini CBA is excluded from the FAA’s coverage, jurisdiction over this appeal cannot lie under § 16(a)(1) of the FAA. And without § 16(a)(1), we are left without a source of appellate jurisdiction. Illini Concrete and Kienstra offer four arguments to support the contrary position, but none is persuasive.”
Appeal from the United States District Court for the Southern District of Illinois, Murphy, J., Feinerman, J.