WRONGFUL TERMINATION & UNION: GILLIAM V. METHODIST HOSPITAL OF KENTUCKY (COA 6/29/2007)

GILLIAM V. METHODIST HOSPITAL OF KENTUCKY
EMPLOYMENT:  WRONGFUL TERMINATION AND UNIONS
2006-CA-001218
PUBLISHED: VACATING AND REMANDING
PANEL: VANMETER PRESIDING; THOMPSON AND PAISLEY CONCUR
COUNTY: PIKE
DATE RENDERED: 6/29/2007

In this wrongful discharge case, CA vacates and remands TC dismissal for lack of subject matter jurisdiction.

Appellant’s complaint alleged involuntary termination in violation of KRS 336-130 in that he was involved in preliminary efforts by the United Mine Workers of America to organize workers at the appelle hospital and was terminated. He asserted his action under the KRS and not under any federal rule, statute or regulation. Appellee filed a motion to dismiss for lack of subject matter jurisdiction; which the court granted after a hearing.

CA vacates and reverses, however, noting that appellant has made no claim for regulatory or injunctive relief which would fall within the exclusive jurisdiction of the National Labor Relations Board; instead, he has sought only compensatory and punitive damages based upon violation of state law.

By John E. Hamlet

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