Legal Opinion
Sheet Metal Workers International Ass'n v. Carter
Court of Appeals of Georgia
Decided January 14, 1975No. 49788, 49789PublishedCited by 10 opinions
1Opinion of the Court
Clark, Judge.
Does the National Labor Relations Act pre-empt state jurisdiction in an action based upon a tort conspiracy brought by an employee against a labor union and its local? This question is presented by the instant appeal. For in-depth discussions of the doctrine of federal pre-emption in labor disputes see articles in 83 Harv. L. Rev. 552 (1969) and 85 Harv. L. Rev. 1337 (1972).
Carter sued the Sheet Metal Workers International Association and its Augusta local union in the Superior Court of Richmond County. His complaint alleges the parent union and its local "conspired together,…
2Cases cited14 opinions
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Linn v. United Plant Guard Workers of America, Local 114Supreme Court of the United States · 1966
- United Construction Workers v. Laburnum Construction Corp.Supreme Court of the United States · 1954
- International Union, United Automobile, Aircraft & Agricultural Implement Workers v. RussellSupreme Court of the United States · 1958
- Local No. 438 Construction & General Laborers' Union v. CurrySupreme Court of the United States · 1963
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Ben CarterCourt of Appeals for the Fifth Circuit · 1980
- Local 926, International Union of Operating Engineers v. JonesSupreme Court of the United States · 1983
- International Brotherhood of Electrical Workers v. BriscoeCourt of Appeals of Georgia · 1977
- State v. KlinakisCourt of Appeals of Georgia · 1992
- Ben Carter v. Sheet Metal Workers' International Association and Local 85 Sheet Metal Workers' International AssociationCourt of Appeals for the Eleventh Circuit · 1984
5 more not listed; retrieve them via the Exa API.