United States Sixth Circuit

In plaintiff's action for wrongful termination against defendant claiming that he was terminated in violation of Ohio public policy for his refusal to discharge employees for unionizing activities, district court's dismissal of the complaint for lack of subject matter jurisdiction is affirmed where: 1) plaintiff's wrongful termination claim is preempted by the NLRA as the sole and dispositive inquiry for his claims is whether he was terminated for the failure to commit unfair labor practices, as defined by the NLRA; and 2) plaintiff's alternative argument that district court's dismissal of the complaint denied him procedural due process is meritless.

Appellate Information

• Argued 12/07/2010
• Decided 01/12/2011
• Published 01/12/2011

Judges

• GRIFFIN

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Jami S. Oliver, Dana Connell