Legal Opinion · Dissent

Blair v. Allied Maintenance Corp.

Court of Appeals of Tennessee

Decided May 20, 1988Published

1DissentFranks, Judge

I concur with the result reached by the majority insofar as the majority opinion affirms the summary judgment. The majority mentions Brewer v. Argo-Collier Truck Lines Corp., 592 S.W.2d 322 (Tenn.1979), which states the general rule that “[a] suit will not lie in either state or federal court” where the collective bargaining contract provides for grievance procedures. [At 326.] The majority concludes, however, that "... [Mr. Blair’s tort action] can be considered without reference to the collective bargaining agreement, and there is nothing in the collective bargaining agreement to indicate…

2Cases cited4 opinions

  1. Controlled Sanitation Corporation v. District 128 Of The International Association Of Machinists And Aerospace Workers, Afl-CioCourt of Appeals for the Third Circuit · 1976
  2. Salary Policy Employee Panel v. Tennessee Valley AuthorityCourt of Appeals for the Sixth Circuit · 1984
  3. Brewer v. Argo-Collier Truck Lines Corp.Tennessee Supreme Court · 1979
  4. Local Union No. 336 v. Detroit Gasket & Manufacturing Co.District Court, E.D. Tennessee · 1981

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