George Jackson v. Liquid Carbonic Corporation

863 F.2d 111, 1988 WL 126463
CourtCourt of Appeals for the First Circuit
DecidedDecember 29, 1988
Docket87-2073
StatusPublished
Cited by64 cases

This text of 863 F.2d 111 (George Jackson v. Liquid Carbonic Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
George Jackson v. Liquid Carbonic Corporation, 863 F.2d 111, 1988 WL 126463 (1st Cir. 1988).

Opinions

SELYA, Circuit Judge.

This appeal presents a narrow question, but one of considerable significance. It requires that we decide whether an ex-employee’s state-law claims for invasion of privacy, mounted in the wake of the employer’s unilateral inauguration of a drug-testing program (on the supposed authority of a collective bargaining agreement), are preempted by the terms and tenor of section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1982).1 The district court answered this inquiry in the affirmative, and dismissed the former employee’s suit. Although we regard the question as close, we believe that the district court reached the appropriate result. We therefore affirm.

I. BACKGROUND

Beginning in 1976, plain tiff-appellant George Jackson toiled for defendant-appel-lee Liquid Carbonic Corporation (L-Corp), principally as a truckdriver. At all times material hereto, L-Corp and Local 49, International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers, were parties to a collective bargaining agreement (Agreement), and Jackson, a union member, was part of the bargaining unit. By early 1986, plaintiff was working out of appellee’s terminal in Tewksbury, Massachusetts and was engaged in hauling pressurized gases — materials which were invariably volatile, often hazardous, and deserving of cautious handling. It was work of a kind where, one suspects, there might be old practitioners, and there might be bold practitioners — but there would likely be few (if any) old, bold practitioners.

In compliance with regulations issued by the Federal Highway Safety Administration, see 49 C.F.R. § 391.41 (1987), L-Corp’s truckdrivers were required to submit to biennial medical examinations. The examination necessitated, inter alia, that a urine specimen be taken and a urinalysis performed to cheek for diabetes. See 49 C.F.R. § 391.43 (1987). But in March 1985, appellee added a new wrinkle; it disseminated a document entitled “Transportation Bulletin 1-13” in which it announced that the urine samples would thereafter be screened not only for diabetes, but for the presence of alcohol and various narcotic drugs. L-Corp. then distributed consent forms and notified the drivers that permitting these tests to be performed was a condition of continued employment.

Neither Local 49 nor plaintiff challenged the broadened protocol when management inaugurated it. Rather, Jackson signed the [113]*113consent form, reported for his next scheduled examination several months after the format was amended, and gave a urine specimen. The new tests were performed. On February 13, 1986, Jackson was informed that traces of marijuana had been detected. A week later, notwithstanding his denial of all marijuana use, he was dismissed. Plaintiff requested an “independent” drug test. The employer declined. The firing stood.

At this juncture, we refer to the pertinent provisions of the Agreement. The union pact was in effect both in 1985 (when the drug-testing program was announced) and in 1986 (when appellant underwent his medical examination). Article XXI comprised a fairly standard “management rights” clause, giving L-Corp “the right to post reasonable rules and regulations from time to time.... ” Article XII rendered all disputes “involving the meaning, application, or interpretation of, or compliance with, the provisions of” the Agreement subject to mandatory grievance and arbitration procedures. Jackson never pursued the grievance procedures available to him thereunder, although, shortly after his discharge, representatives of Local 49 met with management to discuss the situation. After the lone informational meeting, and in the absence of any formal complaint by the aggrieved employee, the union took no further action.

The matter, however, was far from over. That December, appellant brought an action in a Massachusetts state court seeking, inter alia, an injunction barring further drug testing and an award of damages. L-Corp removed the case to the United States District Court for the District of Massachusetts. Because of the acknowledged presence of diversity of citizenship and a controversy in the requisite amount, 28 U.S.C. § 1332(a), jurisdiction is not in issue.2

Jackson’s complaint alleged that his employer had coerced him into providing the urine sample, then wrongfully tested it for evidence of drug ingestion, leading to the supposed detection of marijuana and the end of his job tenure. He fashioned three statements of claim, which may be paraphrased as follows:

1. The search and seizure of his urine without any previous suspicion of drug use violated the Massachusetts Civil Rights Act (MCRA), Mass.Gen.L. ch. 12, §§ 11H-11I, by interfering with his rights to privacy and to be free from unreasonable searches and seizures, as secured by both the state and federal constitutions (Count I).

2. The seizure and testing of his urine constituted an unreasonable invasion of his privacy in violation of Mass.Gen.L. ch. 214, § IB (Count II).

3. His dismissal was contrary to public policy and, under state law, comprised a wrongful discharge (Count III).

Contending that all of Jackson’s causes of action were preempted by section 301, see supra note 1, defendant moved to dismiss the suit for failure to state any cognizable claim. Fed.R.Civ.P. 12(b)(6). After extensive briefing and argument, the district court granted the motion. This appeal ensued. In its course, Jackson waived any error in the dismissal of Count III, see Reply Brief at 15, so we need not concern ourselves with the state-law wrongful termination claim.

II. DISCUSSION

In this instance, the language of section 301 is not, in and of itself, disposi-[114]*114tive. Thus, in considering whether appellant’s remaining claims are preempted by the statute, we must pay great heed to Congress’ intent. See Puerto Rico Dep’t of Consumer Affairs v. Isla Petroleum Corp., -U.S. -, 108 S.Ct. 1350, 1354, 99 L.Ed.2d 582 (1988); Metropolitan Life Insurance Co. v. Massachusetts, 471 U.S. 724, 738, 105 S.Ct. 2380, 2388, 85 L.Ed.2d 728 (1985). Our task in construing the statutory language is “to interpret the words of the[] statute[] in light of the purposes Congress sought to serve.” Chapman v. Houston Welfare Rights Organization, 441 U.S. 600, 608, 99 S.Ct. 1905, 1911, 60 L.Ed.2d 508 (1979).

The Supreme Court has long recognized that the breadth of section 301 is no accident, but is commensurate with an overreaching congressional purpose: to “au-thoriz[e] federal courts to create a body of federal law for the enforcement of collective bargaining agreements — ‘which law the courts must fashion from the policy of our national labor laws.’ ” IBEW v. Hechler,

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Bluebook (online)
863 F.2d 111, 1988 WL 126463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-jackson-v-liquid-carbonic-corporation-ca1-1988.