Wrongful Termination – Collective Bargaining Agreement

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Civil

7^th Circuit Court of Appeals

Officials: BAUER, KANNE, and ROVNER, Circuit Judges

Wrongful Termination – Collective Bargaining Agreement

No. 15-1241 Joseph Healy v. Metropolitan Pier and Exposition Authority

Labor Management Relations Act preempts appellant’s tortious interference claim.

“Finally, the Supreme Court’s ruling in Granite Rockprevents Plaintiffs from pursuing any federal tort claim against MPEA. 561 U.S. at 309–14. Though the facts of Granite Rock are not precisely the same as this case, both present the same legal problem: a third-party to a labor dispute insulated from remedy by § 301 preemption. In Granite Rock, a concrete and building company employed members of the local chapter of the International Brotherhood of Teamsters (“IBT”) union. Id. at 292. The employer and the local union began negotiations about a new collective bargaining agreement. Id. When negotiations stalled, the employee-union members initiated a strike. Id. Because the current collective bargaining agreement had a “no-strike” clause, the employer sued to enjoin the strike. Id. at 294. The employer also sued the local chapter of the union under § 301 for breach of the collective bargaining agreement and sued the parent, IBT, for state law tortious interference. Id. at 294–95. The district court allowed the § 301 dispute to go to the jury, but granted IBT’s motion to dismiss the tortious interference claim as preempted by § 301. Id. at 29”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.