Howard v. Cumberland River Coal Co.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

Charles Scott Howard alleges that Cumberland River Coal Company violated Kentucky state law by laying him off in retaliation for reporting Cumberland’s unsafe mining practices. But because Howard’s claim requires construing and applying the terms of a collective bargaining agreement, it is preempted by the LMRA. Unfortunately for Howard, he brought his claim nearly a year and a half too late under the LMRA. Consequently, Cumberland is entitled to summary judgment.

BACKGROUND

Cumberland River Coal Company, a coal mine operator straddling…