Legal Opinion · Concurring in part, dissenting in part
Prater v. United Mine Workers of America
Court of Appeals for the Eleventh Circuit
Decided July 18, 1986No. 84-7751Published
1Concurring in part, dissenting in partJohnson, Circuit Judge
I concur in all of the majority’s opinion except for part 1, which holds that the individual employees of Oakman Mining Company lack standing to sue the defendants under Section 303 of the Labor Management Relations Act (“LMRA”), 29 U.S.C.A. § 187. Because the majority’s construction of that provision disregards its plain language, I dissent.
Section 303 of the LMRA confers standing to sue on “whoever shall be injured in his business or property” by reason of an “unfair labor practice,” as defined in Section 8(b)(4) of the National Labor Relations Act (“NLRA”), 29 U.S.C.A. § 158(b)(4). The…
2Cases cited3 opinions
- Ward A. Seeley v. Brotherhood of Painters, Decorators and Paper Hangers of AmericaCourt of Appeals for the Fifth Circuit · 1962
- W. J. Milner and Co. Of Florida v. International Brotherhood of Electrical Workers, Local 349Court of Appeals for the Fifth Circuit · 1973
- Wells v. International Union of Operating Engineers, AFL-CIO, Local 181Court of Appeals for the Sixth Circuit · 1962