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In Washington State Court,
two truck drivers brought wrongful termination claims
in Washington State court against a large industrial company alleging that they
had been fired in retaliation for asserting rights under the Washington State's
Minimum Wage Act and in violation of their union contract. The truck drivers
had already arbitrated their union grievance related to their termination, but the
arbitration panel did not award the drivers any monetary damages although it ordered
their reinstatement.
KYL removed the case to federal court because resolution of their claims required
interpretation of the union contract, and thus, their claims arose under federal
labor law. KYL promptly moved for summary judgment dismissal because the claims
were time-barred under federal labor law, and they also had been released by the
truck drivers' settlement agreement in a previous wage and hour lawsuit.
The trial court agreed, but the truck drivers appealed to the Ninth Circuit Court
of Appeals, claiming they had an independent state law claim that survived both federal
labor law preemption and the settlement agreement. In an unpublished decision,
the Ninth Circuit affirmed the dismissal of the truck drivers' claims on all grounds.
Atkins et al. v. Praxair, Inc.,
Ninth Circuit Case No. 04-35849, May 26, 2006.
For more information, please contact Philip Lempriere or
Catharine Morisset in our Seattle office. |
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