Seeking Certiorari, Employer Argues Garmon Preemption In Fund Contribution Row

Mealey's (November 14, 2022, 12:46 PM EST) -- WASHINGTON, D.C. — Seeking summary reversal of a ruling that a federal court has jurisdiction under the Employee Retirement Income Security Act, an employer argued in its certiorari petition before the U.S. Supreme Court that preemption under San Diego Building Trades Council v. Garmon is jurisdictional and the claims belong before the National Labor Relations Board (NLRB); the respondents then secured an extension....