Legal Opinion

Employers Ass'n v. United Steelworkers of America

District Court, D. Minnesota

Decided October 5, 1992No. Civ. 4-91-947PublishedCited by 6 opinions

1Opinion of the Court

AMENDED ORDER

ROSENBAUM, District. Judge.

Minnesota’s Striker Replacement Law, Minn.Stat. § 179.12(9) (“Striker Replacement Law” or “Act”), makes it an unfair labor practice, and an unlawful act, for an employer to hire, or threaten to hire, permanent replacement workers in the event of a lockout by an employer or during a strike by employees. The plaintiff claims that the Act is preempted by federal labor law, and therefore contravenes the Supremacy Clause of the United States Constitution, U.S. Const, art. VI, cl. 2.

Before the Court are plaintiff’s motion for summary judgment and defendant’s…

2Cases cited47 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  4. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  5. Steffel v. ThompsonSupreme Court of the United States · 1974

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3Cited by6 opinions

  1. Employers Association, Inc., for Itself and on Behalf of Its Member Employers v. United Steelworkers of America, Afl-Cio-Clc, State of Minnesota, Intervenor. Employers Association, Inc., for Itself and on Behalf of Its Member Employers v. United Steelworkers of America, Afl-Cio-Clc, State of Minnesota, Intervenor/appellantCourt of Appeals for the Eighth Circuit · 1994
  2. Employers Ass'n v. United Steelworkers of AmericaCourt of Appeals for the Eighth Circuit · 1994
  3. United Steelworkers of America v. St. Gabriel's HospitalDistrict Court, D. Minnesota · 1994
  4. Employers Association, Inc., for Itself and on Behalf of Its Member Employers v. United Steelworkers of America, Afl-Cio-Clc, State of Minnesota, Intervenor. Employers Association, Inc., for Itself and on Behalf of Its Member Employers v. United Steelworkers of America, Afl-Cio-Clc, State of Minnesota, Intervenor/appellantCourt of Appeals for the Eighth Circuit · 1994
  5. Employers Ass'n Inc. v. United SteelworkersCourt of Appeals for the Eighth Circuit · 1994

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