Court Finds CBA Doesn't Preempt State Law Claims



DOCUMENTS
  • Motion for Leave
  • Motion to Remand
  • Remand Opposition
  • Report


URBANA, Ill. -- An Illinois federal court has recommended that a rubber worker benzene action be remanded, opining that the claims asserted by the plaintiffs do not necessarily mean a collective bargaining agreement will have to be interpreted. Blankenship, et al. v. Bridgestone Americas Holding, et al., No. 06-02159 (C.D. Ill.).

In the Nov. 2 report and recommendation, Judge David G. Bernthal of the U.S. District Court for the Central District of Illinois said that Labor Management Relations Act does not preempt the plaintiffs' state law claims, as the defendants had previously suggested.

The underlying claims stem from alleged …






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