Smith v. Albion

I respectfully dissent. I agree with the majority that claimants’ action is not preempted by § 301 of the Labor-Management Relations Act, 29 USC 185. Betty v Brooks & Perkins, 446 Mich 270, 279-280; 521 NW2d 518 (1994).

However, I disagree with the conclusion that the Calhoun Circuit Court had jurisdiction over this matter. Consequently, I believe that there is no need to reach the question of contract interpretation. The decision of the Clinton Circuit Court should be reversed, the case dismissed based on the court’s lack of jurisdiction and the decision of the Board of Review reinstated.

It…