Stricker v. Swift Bros. Construction Co.

I would reverse the summary judgment and remand the case for trial.

Defendants’ position is that, assuming for purposes of argument that the events leading up to and resulting in the termination of plaintiff’s employment were based upon plaintiff’s nonunion status, their respective roles in such events constituted conduct prohibited by 29 U.S.C.A. § 158(a)(1) and (3) and (b)(1) and (2) and therefore clearly preempted from state court jurisdiction under the broad principles of preemption announced in San Diego Building Trades Council v. Garmon, 359 U.S. 236, 79 S.Ct. 773, 3 L.Ed.2d 775.

The most…