Fox v. Parker Hannifin Corp.

914 F.2d 795, 1990 WL 134709
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 20, 1990
DocketNos. 89-3564, 89-3565 and 89-3566
StatusPublished
Cited by86 cases

This text of 914 F.2d 795 (Fox v. Parker Hannifin Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fox v. Parker Hannifin Corp., 914 F.2d 795, 1990 WL 134709 (6th Cir. 1990).

Opinion

RALPH- B. GUY, Jr., Circuit Judge.

In this wrongful discharge action, plaintiff Minnie Fox appeals from the entry of summary judgment on statute of limitations grounds as to both her hybrid section 3011 claim and her state law claim for tortious interference with contractual relations, which the district court treated as preempted by section 301. In addition, defendant International Association of Machinists and Aerospace Workers, District 54 (the Union), challenges the district court’s determination that section 301 does not preempt various other state law claims asserted by plaintiffs Minnie and Charles Fox. We affirm the district court’s application of the six-month statute of limitations insofar as Minnie Fox’s hybrid section 301 claim and all preempted state law claims are concerned, but reverse the district court’s rulings regarding the preemptive impact of section 301 on several of the plaintiffs’ state law claims. Finally, we affirm the district court’s dismissal without prejudice of all state law claims beyond the preemptive scope of section 301.

I.

Minnie Fox began her employment with defendant Parker Hannifin Corporation (the Company) on May 15, 1963. Throughout her tenure as a machine operator with the Company, she was a member of the Union employed under a collective bargaining agreement (CBA) negotiated between the Company and the Union. She apparently worked without difficulty for the Company until 1976, when she and various co-workers began to trade accusations of harassment. In her view, the problems began when she opposed one of her coworker’s attempts to instigate a wildcat strike. She filed grievances in 1977 and 1981 alleging that supervisory personnel were persecuting her. In both instances, the grievances were resolved. Additionally, she repeatedly lodged informal complaints with the Union and the Company concerning what she perceived as harassment by her co-workers.

In 1981, 1984, and 1986, the Company suspended plaintiff Minnie Fox for “restricting production” and “interfering with employees.” Each suspension precipitated the filing of a grievance on her behalf, and each grievance was either resolved or withdrawn. In June of 1987, she was convicted on a criminal charge of harassing co-worker Elfriede Starnes by telephone. On June 10, 1987, the Company sent the plaintiff a letter advising her that “effective today your employment with Parker Hannifin Corporation is terminated due to continued verbal harassment and threats to employees.” A grievance subsequently filed on June 22, 1987, asserted that the discharge contravened the terms of the operative CBA between the Company and the Union, but the Company refused to reinstate Fox. Pursuant to the provisions of the CBA, Fox’s unresolved grievance ultimately was referred to the Federal Mediation and Conciliation Service (FMCS) for a conciliation hearing as the fifth and final step in the grievance resolution process. See CBA Art. V, § 1, Step 5. Following the FMCS hearing in August of 1987, which apparently produced no binding result, the Company remained resolute in its opposition to rehiring her, and she agreed with her Union representatives that her only remaining avenue of recourse — seeking a strike vote by the Union membership — would be futile. Therefore, in September of 1987, Union shop steward Tony Kastelic notified Fox that the Company would not reinstate her and the Union did not intend to take any further action on her behalf. One year later, on September 12, 1988, Fox and her husband Charles filed this action against the Company, the Union, various Company employees, and one employee’s husband.2

[799]*799In their 14-eount complaint, Minnie and Charles Fox set forth a hybrid section 301 claim against the Company and the Union. See, e.g., White v. Anchor Motor Freight, Inc., 899 F.2d 555, 559-60 (6th Cir.1990) (explaining theory of hybrid 301 claims). Additionally, the plaintiffs alleged a host of pendent state claims against various defendants under Ohio law including tortious interference with contractual relations, slander, breach of contract and promissory estoppel, negligence, wrongful discharge in violation of public policy, fraud, intentional infliction of emotional distress, and loss of consortium on behalf of Charles Fox. In response to the defendants’ motions for dismissal and summary judgment, the district court filed a memorandum opinion on May 4, 1989, explaining that the applicable six-month statute of limitations barred the hybrid section 301 claim. After finding the tortious interference claim subject to section 301 preemption, the district court likewise dismissed that claim. Having eliminated all of the plaintiffs’ federal causes of action from the lawsuit, the district court dismissed the remaining pendent state claims without prejudice. This appeal by the plaintiff, as well as the Union’s cross-appeal, followed.

The plaintiffs identify three assignments of error on appeal. First, they contend that the district court erred in ruling that Minnie Fox’s state law claim for tortious interference with her employment contract falls within the ambit of section 301 preemption. Second, they challenge the district court’s application of the six-month statute of limitations to bar Minnie Fox’s hybrid section 301 claim and her preempted tortious interference claim. Finally, they argue that the district court erroneously refused to exercise pendent jurisdiction over their remaining state law claims. The Union’s cross-appeal contests the district court’s rulings that section 301 does not preempt the plaintiffs’ state law claims for breach of contract and promissory estop-pel, negligence, fraud, intentional infliction of emotional distress, and loss of consortium.3

II.

Section 301, by its terms, governs “[sjuits for violation of contracts between an employer and a labor organization....” 29 U.S.C. § 185(a). However, the Supreme Court has read section 301 expansively to include individual collective bargaining workers’ claims. See, e.g., Smith v. Evening News Ass’n, 371 U.S. 195, 200-01, 83 S.Ct. 267, 270-71, 9 L.Ed.2d 246 (1962). The Court also has deduced that section 301 “authorizes federal courts to fashion a body of federal law for the enforcement” of CBAs. See Textile Workers v. Lincoln Mills, 353 U.S. 448, 451, 77 S.Ct. 912, 915, 1 L.Ed.2d 972 (1957). To ensure uniformity in this area of federal law, the Court has further concluded that “ ‘[sjtate law does not exist as an independent source of private rights to enforce collective bargaining contracts.’ ” Caterpillar Inc. v. Williams, 482 U.S. 386, 394, 107 S.Ct. 2425, 2430, 96 L.Ed.2d 318 (1987). In this respect, section 301 constitutes an exception to the well-pleaded complaint rule because “the preemptive force of § 301 is so powerful as to displace entirely any state cause of action ‘for violation of contracts between an employer and a labor organization.’ ” Franchise Tax Bd. v. Construction Laborers Vacation Trust, 463 U.S. 1, 23, 103 S.Ct. 2841, 2853, 77 L.Ed.2d 420 (1983).

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914 F.2d 795, 1990 WL 134709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-parker-hannifin-corp-ca6-1990.