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Fant v. New Eng. Power Serv. Co.

State law discrimination claims brought by discharged employee against employer and union, which refused to represent him, preempted by section 301 of Labor Management Relations Act.

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The full case caption appears at the end of this opinion.

LIPEZ, Circuit Judge. This case, arising from the 1995 termination of Bruce Fant as an employee of New England Power Service Company (NEPSCO), poses a preemption issue under � 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. � 185. Fant sought the support of his union, the International Brotherhood of Electrical Workers, Local 486 (IBEW), in challenging the termination, but it declined to represent him. Subsequently, Fant complained of discrimination by his employer and his union to the Massachusetts Commission Against Discrimination (MCAD). He says he withdrew his complaint from the Commission in 1998 and filed a discrimination claim in Worcester Superior Court. The union removed the case to federal court. All of the defendants, the union, NEPSCO, and its parent company, New England Electric Systems (NEES), argued that Fant’s state law claims were preempted by the LMRA. The district court awarded summary judgment to the power companies because of preemption and dismissed the claim against the union because it was time-barred. We affirm as to all of the defendants on the basis of preemption.

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