Legal Opinion

Dority v. Green Country Castings Corp.

Supreme Court of Oklahoma

Decided October 22, 1986No. 61021PublishedCited by 23 opinions

1Opinion of the Court

OPALA, Justice.

The two issues before us in this appeal from a prejudgment order dismissing an action for lack of subject-matter jurisdiction are: [1] Does the National Labor Relations Act [NLRA] 1 preempt these appellants’ state statutory claims for retaliatory discharge under 85 O.S.1981 §§ 5-7? 2 and [2] Does the prior adjudicative decision by the National Labor Relations Board [NLRB], which reinstates the appellants to their jobs and awards them backpay, bar their state-court retaliatory discharge claims? 3 We answer both questions in the negative.

The appellants [employees], joint…

2Cases cited25 opinions

  1. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  2. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  3. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
  4. Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981
  5. Amalgamated Ass'n of Street, Electric Railway & Motor Coach Employees of America v. LockridgeSupreme Court of the United States · 1971

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3Cited by23 opinions

  1. Akin v. Missouri Pacific RailroadSupreme Court of Oklahoma · 1998
  2. Turpen v. Oklahoma Corp. CommissionSupreme Court of Oklahoma · 1989
  3. Todd v. Frank's Tong Service, Inc.Supreme Court of Oklahoma · 1989
  4. Mehdipour v. STATE EX REL. DEPT. OF CORRECTIONSSupreme Court of Oklahoma · 2004
  5. Feightner v. Bank of Oklahoma, N.A.Supreme Court of Oklahoma · 2003

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