Legal Opinion

United Steelworkers v. Johnson

Court of Appeals for the Eighth Circuit

Decided October 7, 1987No. 85-5101PublishedCited by 1 opinion

1Opinion of the Court

FAGG, Circuit Judge.

The State of South Dakota appeals from the district court’s order holding that the State’s basis for denying unemployment compensation benefits to union claimants during the course of the labor dispute impermissibly conflicted with and was preempted by section 7 of the National Labor Relations Act (NLRA), 29 U.S.C. § 157. See United Steelworkers v. Meierhenry, 608 F.Supp. 201, 208-09 (D.S.D.1985). A panel of this court affirmed. See United Steelworkers v. Johnson, 799 F.2d 402, 409-10 (8th Cir.1986). On rehearing en banc we also affirm.

The relevant facts are largely…

2Cases cited8 opinions

  1. Steward MacHine Co. v. DavisSupreme Court of the United States · 1937
  2. Ohio Bureau of Employment Services v. HodorySupreme Court of the United States · 1977
  3. New York Telephone Co. v. New York State Department of LaborSupreme Court of the United States · 1979
  4. Brown v. Hotel & Restaurant Employees & Bartenders International Union Local 54Supreme Court of the United States · 1984
  5. Pattern Makers' League v. National Labor Relations BoardSupreme Court of the United States · 1985

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3Cited by1 opinion

  1. United Steelworkers of America Afl-Cio-Clc v. JohnsonCourt of Appeals for the Eighth Circuit · 1987

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