Milne Employees Ass'n v. Sun Carriers, Inc.

OPINION AND ORDER

Plaintiff has moved to remand this case to state court pursuant to 28 U.S.C. § 1447 . The question presented is whether plaintiff’s state law claims arise under § 301 of the Labor Management Relations Act of 1947 (“LMRA”), 29 U.S.C. § 185 (a), and are thus removable.

I.

Plaintiff, Milne Employees Association (“MEA”), is a nonprofit mutual benefit corporation which was formed for the purpose of conducting litigation on behalf approximately 800 former employees of defendant Milne Truck Lines (“Milne”). The identities of the individual claimants are, for the most part, not disclosed in the pleadings. But it is apparent from the face of the complaint that the assignees to MEA include both union and non-union workers, who were employed by Milne as truck drivers, dock and terminal personnel, clerical and other office personnel, maintenance employees, mechanics, supervisors, sales and marketing personnel and managers, and other lower and mid-level managers. Some but not all of the members of MEA were unionized employees in a collective bargaining unit and covered by collective bargaining agreements (“CBA”).

Plaintiff brought this action in state court against…