Mitchell v. Sherman

Alphonsus (Al) Mitchell, formerly Mitchell Electric, appeals a summary judgment dis*392missing his complaints against Local Union #953, International Brotherhood of Electric Workers. The trial court found Local Union #953's activities were arguably subject to § 7 or § 8 of the National Labor Relations Act (NLRA), see 29 U.S.C.A. §§ 157 and 158, thereby preempting state .law. Second, the trial court also granted partial summary judgment on certain counts in favor of Charles Boley, Richard Sherman and Sherman Electric Service, Inc., based on the premise that their actions were under the rubric of §…