(Download) "Brazinski v. Amoco Petroleum Additives Co." by United States Court of Appeals for the Seventh Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Brazinski v. Amoco Petroleum Additives Co.
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 09, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
POSNER, Circuit Judge. This case began as a suit for damages brought in state court by eight female workers who complained that they had been subjected to video surveillance in violation of their tort right of privacy. Arguing that the suit actually arose not under state tort law but under section 301 of the Taft-Hartley Act, 29 U.S.C. § 185, because it required interpretation of a collective bargaining agreement, the company removed the case to federal district court, then moved for summary judgment on the ground that the plaintiffs had failed to file a grievance within the thirty days allowed by the collective bargaining agreement and having thus failed to exhaust their remedies under the agreement were not entitled to recover anything under it. The district Judge, without any explanation, remanded the case to state court. The company sought mandamus from us, and we ordered the Judge to retain the case--because we thought that it was indeed a section 301 case despite the plaintiffs attempt to plead it as a state-law tort action--and to consider the companys motion for summary judgment. In re Amoco Petroleum Additives Co., 964 F.2d 706 (7th Cir. 1992). The Judge then granted the motion on the ground originally urged by the company and dismissed the suit, precipitating this appeal. The procedural history is a little more complicated than we have made out and there is an additional defendant (the company employee who instituted the surveillance), but these details can be ignored.