Anthony Barnes v. Stone Container Corporation

Anthony Barnes filed a state court action under the Montana Wrongful Discharge from Employment Act, Mont. Code Ann. §§ 39-2-901 et seq., (“WDA”), in response to his termination by Stone Container Corporation (“Stone”). Stone removed the action to the District Court for the District of Montana and filed a motion for summary judgment which was denied by the court. Because of the important issues of law involved, the court certified its order for interlocutory appeal and we granted Stone’s petition to file the appeal. We have jurisdiction pursuant to 28 U.S.C. § 1292 (b), and reverse.

I.

The parties do not dispute the relevant facts. Barnes was employed at the Frenchtown paper mill between March 3, 1980 and October 13, 1987. Stone acquired the mill from Champion International Corporation in 1986. Production and maintenance employees at the Frenchtown mill were represented by United Paperworkers International Union and United Paperwork-ers International Union Hellgate Local No. 85 (“Union”). The last collective bargaining agreement (“CBA”) between Stone and the Union ran from June 1, 1984 to May 31, 1987.

In early 1987 Stone gave timely notice of reopening the CBA and the parties…