· 12/13/1994
Michael Lee Thomas v. Ltv Corporation
Citations
- 39 F.3d 611
- 148 L.R.R.M. (BNA) 2027
- 1994 U.S. App. LEXIS 34722
- 1994 WL 662993
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding IIED claim was preempted because “[t]o determine whether LTV’s conduct was wrongful under the circumstances, an analysis of the collective-bargaining agreement is necessary”
- plaintiff alleged “that LTV’s ‘extreme and outrageous conduct’ in the handling of the disciplinary matters” constituted IIED
- Section 301 of the LMRA “provides the requisite jurisdiction and remedies for individual employees covered under a collective-bargaining agreement between that individual’s employer and the union”
- “Preemption occurs (under section 301) when a decision on the state claim is inextricably intertwined with consideration of the terms of the labor contract or when the application of state law to a dispute requires interpretation of the [CBA]”
- hold- ing that an employee had presented a hybrid claim--even though he had not sued his union--because in order to prevail in his Section 301 suit against his employer, he would have to show that his union failed fairly to represent him in the grievance proceedings
- affirming grant of summary judgment
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, Demoss, Benavides
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.