William Dougherty v. Parsec, Inc. Truck Drivers, Chauffeurs & Helpers, Local Union 100 Budco Group, Inc., Seaboard System Railroad

I respectfully dissent from the majority opinion. In this case, William Dougherty appeals a summary judgment entered against him in favor of one of the defendants, Seaboard System Railroad. The district judge certified the judgment as final pursuant to Fed.R.Civ.P. 54(b). The issue is whether Dougherty can maintain an action against Seaboard Railroad System in light of the preemption provisions of Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185.

I

This is a labor dispute arising out of the firing of William Dougherty by his employer, Parsec. He has charged Parsec with…