Abbott v. Goodwin

Defendants have petitioned for review of our decision, 105 Or App 132, 804 P2d 485 (1991), raising, for the first time, two questions concerning the jurisdiction of an Oregon court to decide this case. We treat the petition as one for reconsideration, ORAP 9.15, allow it and write only to address those two contentions.

First, defendants contend that an action for breach of a collective bargaining agreement, permitted by section 301(a) of the Labor Management Relations Act, 29 USC § 185, may not be brought in a state court, if its purpose is to enforce provisions of ERISA, 29 USC § 1001 etseq.…