Legal Opinion · Dissent

Alexander v. Standard Oil Co.

Appellate Court of Illinois

Decided October 6, 1977No. 76-214Published

1DissentJustice Eberspacher

Were this the simple common law action sounding in contract in which a contract between the parties is alleged along with allegations of a breach and resulting damages, as is raged by plaintiffs, I could agree that Federal labor preemption does not apply. Here the majority has acknowledged that the claim of contract violation is enmeshed and closely linked with allegations regarding working agreements which have been terminated by agreement of the parties, collective bargaining steps previously taken by their union on plaintiffs’ behalf and the defendant having engaged in that bargaining and…

2Cases cited12 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Lodge 76, International Ass'n of MacHinists & Aerospace Workers v. Wisconsin Employment Relations CommissionSupreme Court of the United States · 1976
  3. National Labor Relations Board v. Insurance Agents' International UnionSupreme Court of the United States · 1960
  4. Medo Photo Supply Corp. v. National Labor Relations BoardSupreme Court of the United States · 1944
  5. May Department Stores Co. v. National Labor Relations BoardSupreme Court of the United States · 1945

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