International Union v. Johnson Controls, Inc., C-8742
Decision Date | 07 March 1990 |
Docket Number | No. C-8742,C-8742 |
Citation | 786 S.W.2d 265 |
Parties | 139 L.R.R.M. (BNA) 2055 INTERNATIONAL UNION et al., Petitioners, v. JOHNSON CONTROLS, INC. & American Motorists Insurance Company, Respondents. |
Court | Texas Supreme Court |
Dale B. Tillery, Dallas, for petitioners.
Lancaster Smith, Sr., Dallas, Harvey L. Davis, Austin, Robert G. Mebus, Jonathan C. Wilson, Dallas, for respondents.
Robert Sullivent filed suit against his employer, Johnson Controls, Inc. (Johnson), for wrongful discharge under the Texas Workers' Compensation Act, Tex.Rev.Civ.Stat.Ann. art. 8307c (Vernon Supp.1990). The trial court granted summary judgment in favor of Johnson. Sullivent appealed, arguing that the granting of summary judgment was incorrect because Johnson tortiously interfered with Sullivent's rights under the Texas Workers' Compensation Act and violated article 8307c of that act.
Meanwhile, Sullivent's union, the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), initiated grievance arbitration with Johnson to determine if termination of Sullivent's employment constituted a breach of the collective bargaining agreement between Johnson and the UAW. A final arbitration award was issued in favor of Johnson.
Johnson filed a motion to dismiss Sullivent's appeal. Relying on Thompson v. Monsanto Co., 559 S.W.2d 873, 876 (Tex.Civ.App.--Houston [14th Dist.] 1977, no writ), Johnson alleged that the arbitration decision in favor of Johnson preempts an action under the Texas Workers' Compensation Act. The court of appeals granted the motion and dismissed the appeal.
We disapprove of the holding in Monsanto because it is in conflict with Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 108 S.Ct. 1877, 100 L.Ed.2d 410 (1988), and Ruiz v. Miller Curtain Co., 702 S.W.2d 183 (Tex.1985). In Lingle, the United States Supreme Court held that state causes of action concerning labor disputes are permissible as long as such suits do not involve the interpretation of collective bargaining agreements, which is a matter exclusively for the federal courts. Lingle, 486 U.S. at 411, 108 S.Ct. at 1884, 100 L.Ed.2d at 422. In Ruiz, this court held that federal law does not preempt a cause of action under article 8307c of the Texas Workers' Compensation Act. Ruiz, 702 S.W.2d at 185. Therefore, Sullivent's action under the Texas Workers' Compensation Act is not preempted by the arbitration decision.
Accordingly, we...
To continue reading
Request your trial-
Jones v. Roadway Exp., Inc.
... ... Before BROWN, JOHNSON and WIENER, Circuit Judges ... WIENER, ... the terms of a CBA between Roadway and the International Brotherhood of Teamsters (Teamsters). Jones left work ... that Roadway had breached the CBA and that his union had breached its duty of fair representation, he would be ... Johnson Controls, Inc., 786 S.W.2d 265, 265 (Tex.1990). The court held that ... ...
-
Jones v. Roadway Exp., Inc.
... ... Before BROWN, JOHNSON, and WIENER, Circuit Judges ... WIENER, ... misconstrued and misapplied the holding in International Union v. Johnson Controls, Inc., 786 S.W.2d 265 (Tex.1990) ... ...
- International Union United Auto. Aerospace & Agr. Implement Workers of America Local 119 v. Johnson Controls, Inc.
-
Carrozza v. Texas Division-Tranter, Inc.
... ... collective bargaining agreement between Carrozza's union and Tranter provided that an employee could not be absent ... International Union v. Johnson Controls, 786 S.W.2d 265 (Tex.1990), is ... ...
-
Discrimination claims under labor code chapter 451
...West v. Fina Oil & Chemical Co. , 128 F. Supp.2d 396 (E. D. Tex. 2001) (claim not preempted); Int’l Union v. Johnson Controls, Inc ., 786 S.W.2d 265, 265-66 (Tex. 1990) (claim not preempted). Section 301 provides unions and employees a federal cause of action for the breach of a collective ......
-
Wrongful Discharge
...a “just cause” termination provision is not sufficient to require federal preemption. In International Union v. Johnson Controls, Inc. , 786 S.W.2d 265, 265-66 (Tex. 1990) (citing Lingle v. Norge Div. of Magic Chef, Inc. , 486 U.S. 399 (1988)), for example, the Texas Supreme Court held that......
-
Discrimination Claims Under Labor Code Chapter 451
...West v. Fina Oil & Chemical Co. , 128 F. Supp.2d 396 (E. D. Tex. 2001) (claim not preempted); Int’l Union v. Johnson Controls, Inc ., 786 S.W.2d 265, 265-66 (Tex. 1990) (claim not preempted). Section 301 provides unions and employees a federal cause of action for the breach of a collective ......
-
Wrongful Discharge
...a “just cause” termination provision is not sufficient to require federal preemption. In International Union v. Johnson Controls, Inc. , 786 S.W.2d 265, 265-66 (Tex. 1990) (citing Lingle v. Norge Div. of Magic Chef, Inc. , 486 U.S. 399 (1988)), for example, the Texas Supreme Court held that......