LABOR – Tort Claim; LMRA; Preemption 

Posted: 1:00 am Thu, March 18, 2010
By admin

Where a former labor organizer who was disciplined by his union following a dispute with another union member brought an action against the union alleging violations of the Labor Management Reporting and Disclosure Act and intentional interference with a business expectancy, the District Court did not err in dismissing the state law claim for interference with a valid business expectancy because the claim was preempted by the LMRA since resolution of the claim depended on the collective bargaining agreement, and facts did not show that the plaintiff’s right to present evidence was violated, and the court’s grant of summary judgment to the defendants on the plaintiff’s claim of trial board bias is affirmed. Judgment is affirmed.