ADAMO DEMOLITION COMPANY, D/B/A ADAMO GROUP, INC. AND ADAMO GROUP v. INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 150, AFL-CIO; JAMES M. SWEENEY - Articles

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ADAMO DEMOLITION COMPANY, D/B/A ADAMO GROUP, INC. AND ADAMO GROUP v. INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 150, AFL-CIO; JAMES M. SWEENEY

Posted by: Karen Belcher on Jul 2, 2021

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Ronald G. Acho, CUMMINGS, MCCLOREY, DAVIS & ACHO, PLC, Livonia, Michigan, for Appellant.

Attorneys 2: ON BRIEF: John R. Canzano, Benjamin L. King, MCKNIGHT, CANZANO, SMITH, RADTKE & BRAULT, P.C., Royal Oak, Michigan, for Appellees.

Judge(s): SILER, WHITE, and STRANCH, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

JANE B. STRANCH, Circuit Judge. Adamo Demolition Company sued the International Union of Operating Engineers Local 150 (the Union) and its president for various tort claims arising out of a dispute over staffing one of Adamo’s projects. The district court found Adamo’s claims preempted under § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. §185, because the tort claims were inextricably intertwined with and depended on the requirements of the collective bargaining agreement governing the project. It dismissed the case. On appeal, Adamo argues that the district court committed a host of errors, including denying Adamo’s motion to remand to state court and misapplying the concept of federal labor law preemption. For the reasons that follow, we AFFIRM.

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