Hinchman v. Local Union 130 International Brotherhood of Electrical Workers
Also decided on this docket: La. Ct. App. 3d Cir., October 1, 1973 284 So. 2d 78; La. Ct. App. 1st Cir., April 6, 1914 11 Teiss. 164; La., July 1, 1880 1 Mann. Unrep. Cas. 181; La. Ct. App. 3d Cir., October 26, 1977 351 So. 2d 1218
Hinchman v. Local Union 130 International Brotherhood of Electrical Workers, 299 So. 2d 818 (La. Ct. App. 1st Cir. 1974).
Cited by
- International Ass'n of Heat & Frost Insulators & Allied Workers Local Union No. 53 … 142 So. 3d 284 La. Ct. App. 1st Cir. 2014
- Lutz v. Jefferson Parish School Bd. 503 So. 2d 106 La. Ct. App. 5th Cir. 1987
- Succession of Velasquez-Bain 471 So. 2d 731 La. Ct. App. 4th Cir. 1985
- Ford, Bacon & Davis Construction Co. v. Doga 365 So. 2d 1143 La. Ct. App. 1st Cir. 1978
- Hinchman v. Local Union 130 International Brotherhood of Electrical Workers 302 So. 2d 618 La. 1974
Opinion text
SAMUEL, Judge (dissenting). This is a suit by a union member against his union and a local of that union. As found by the trial court, it is an action in tort. As- I understand the current federal jurisprudence on the question, particularly Laburnum 1 under the Labor Management Relations Act an appropriate state court does have jurisdiction over the subject matter of a tort action for damages, as in this case. Nor, as conceded by the majority, does the Reporting and Disclosure Act de *825 prive an appropriate state court of jurisdiction any more than does the Labor Management Relations Act. Here the alleged tortuous action, harassment coupled with the demand or requirement that plaintiff be discharged, which resulted in plaintiff losing his job, as well as the actual loss of the job, occurred prior to his expulsion from the union. I am therefore of the opinion that the matter is not preempted. Accordingly, I respectfully dissent. . United Const. Workers, etc. v. Laburnum Const. Corp., 347 U.S. 656 , 74 S.Ct. 833 , 98 L.Ed. 1025 , cited with approval, in International Ass’n. of Machinists v. Gonzales, 356 U.S. 617 , 78 S.Ct. 923 , 2 L.Ed.2d 1018 .