Jenkins v. United Steel Workers of America

MEMORANDUM OF DECISION

McGLYNN, District Judge.

This case is before the Court on plaintiff’s motion to remand to state court for lack of federal jurisdiction and defendants’ motions for summary judgment.

I. FACTS

Plaintiff, Raymond L. Jenkins, was an employee of defendant National Can Corporation (“Company”) until October 11, 1977 when he was discharged for excessive absenteeism. In July of 1977, the Company suspended Jenkins for three days after repeated warnings about his absences. From the date of his return from suspension until his discharge, plaintiff was absent nine days, bringing his…