Bukovac v. Daniel Construction Co.

MEMORANDUM OPINION and ORDER

DALTON, District Judge.

This suit was brought in the Circuit Court for the County of Bath under Section 40.1-61 of the Code of Virginia, which prohibits employers from making non-membership in a labor union a condition of an employee’s employment, and Section 40.1-63, which allows recovery of damages to one denied or deprived of employment in breach of the prior provision. 1 The case was removed to this court under 28 U.S.C. § 1441 on the ground of diversity of citizenship, amount in controversy in excess of $10,000, and the sole defendant not a citizen of Virginia.…