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eBook details

• Title: People State Michigan v. Daniel Edward Ray
• Author : Supreme Court of Michigan
• Release Date : January 08, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

This appeal arises out of a strike which commenced on August 12, 1991 at the Roseville shipping facility of Midwest Motor Express, Inc. On August 16, 1991, four days after the beginning of the strike, Midwest secured an order temporarily restraining certain activities of the strikers. After the parties had entered into a stipulation for a limited injunction, Midwest instituted a declaratory action requesting a judgment declaring that Minn. Stat. § 179.12(9) (1992) is unconstitutional because violative of the Supremacy Clause of the United States Constitution. While contending that the issue was not ripe for consideration, the union, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 120, responded that Midwest had stated an intention to hire permanent replacements for the strikers in violation of Minn. Stat. § 179.12(9). When the State of Minnesota intervened in support of the statute, the declaratory judgment action and the injunction suit were consolidated, and the parties interposed cross-motions for summary judgment. The district court concluded that Minn. Stat. § 179.12(9) was enacted to prevent strike violence and was, therefore, excepted from federal preemption. The district court was also of the opinion that preemption was not compelled because the National Labor Relations Act merely permitted an employer to hire permanent replacements for striking employees but "does not, in unmistakably clear language, declare that Congress intended this area to be free of state regulation." The district court ordered summary judgment in favor of Local 120 and the State of Minnesota.

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