Clemmons v. Georgia-Pacific Corporation et al
| William Brian Clemmons |
| Georgia-Pacific Corporation and The United Steel, Paper, and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW), Local 1334 |
| 3:2014cv00432 |
| July 11, 2014 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| John W. deGravelles |
| Richard L. Bourgeois |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. ยง 185 Labor/Mgt. Relations (Contracts) |
| None |
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| Document Text |
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Filing
51
ORDER granting 40 Motion to Dismiss; granting 41 Motion to Dismiss for Failure to State a Claim; Defendants' Motions to Dismiss are GRANTED in that Plaintiff's harassment claims are dismissed. This Court lacks subject matter jurisdic tion over Plaintiff's harassment claims because they are arguably subject to Section 7 or 8 of the NLRA;Defendant's Motions to Dismiss are GRANTED in that Plaintiff's claim with respect to the overtime board averaging is dismissed with prejudice. Plaintiff has failed to amend hiscomplaint to allege that he at least attempted to exhaust the grievance procedure in the collective bargaining agreement. Defendant's Motions to Dismiss are GRANTED in that Plaintiff's state law claim underthe LRWL is dismissed. Louisiana's Right to Work law is preempted by the NLRA because, as Plaintiff was able to work after leaving the Union, no "de facto" union security agreement exists. Signed by Judge John W. deGravelles on 12/21/2015. (KDC)
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| Plaintiff: William Brian Clemmons | |
| Represented By: | Dan Michael Scheuermann |
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| Defendant: Georgia-Pacific Corporation | |
| Represented By: | Jessica C. Huffman |
| Represented By: | Thomas Harry Kiggans |
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| Defendant: The United Steel, Paper, and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW), Local 1334 | |
| Represented By: | Louis L. Robein |
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