John Wayne Harris v. Alumax Mill Products, Inc. Andrew Meyers United Steelworkers of America
Opinion
Opinion
Wallace, J.
Harris appeals from the district court’s summary judgment in favor of Alumax Mill Products, Inc. and Myers (collectively Alumax). The district court concluded that Harris’s state law claims were preempted by section 301 of the Labor-Management Relations Act, 29 U.S.C. § 185 (section 301), and time-barred under the six-month statute of limitations period applicable to section 301 actions of this kind. The district court exercised jurisdiction pursuant to 28 U.S.C. § 1331 and 29 U.S.C. § 185 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.
I
From July 27, 1978, until he was deemed to have voluntarily quit on June 27, 1983, Harris was employed by Alumax. Harris is a member of the United Steelworkers of America, AFL-CIO (Union). The terms and conditions of his employment were governed by the collective bargaining agreement (Agreement) between Alumax and the Union. The Agreement was in force during all events relevant to this action.
Pursuant to Article III of the Agreement, Alumax was expressly authorized to establish work rules. The Agreement also provided that the application of any such work rule was subject to the Agreement’s multi-step…