# Hinchman v. Local Union 130 International Brotherhood of Electrical Workers

> Louisiana Court of Appeal · August 1, 1974 · 299 So. 2d 818

URL: https://www.frixlaw.com/law-library/cases/7465004

## Case

- **Full name:** Marshall HINCHMAN v. LOCAL UNION 130 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
- **Court:** Louisiana Court of Appeal
- **Decided:** August 1, 1974
- **Citations:** 299 So. 2d 818; 89 L.R.R.M. (BNA) 2523; 1974 La. App. LEXIS 3200
- **Precedential status:** Published
- **Opinion:** Dissent by Samuel
- **Judges:** Morial, Samuel, Stoulig
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7465004

## Opinion text

SAMUEL, Judge
(dissenting).
This is a suit by a union member against his union and a local of that union. As found by the trial court, it is an action in tort.
As- I understand the current federal jurisprudence on the question, particularly Laburnum 1 under the Labor Management Relations Act an appropriate state court does have jurisdiction over the subject matter of a tort action for damages, as in this case. Nor, as conceded by the majority, does the Reporting and Disclosure Act de *825 prive an appropriate state court of jurisdiction any more than does the Labor Management Relations Act. Here the alleged tortuous action, harassment coupled with the demand or requirement that plaintiff be discharged, which resulted in plaintiff losing his job, as well as the actual loss of the job, occurred prior to his expulsion from the union. I am therefore of the opinion that the matter is not preempted.
Accordingly, I respectfully dissent.
. United Const. Workers, etc. v. Laburnum Const. Corp., 347 U.S. 656 , 74 S.Ct. 833 , 98 L.Ed. 1025 , cited with approval, in International Ass’n. of Machinists v. Gonzales, 356 U.S. 617 , 78 S.Ct. 923 , 2 L.Ed.2d 1018 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7465004. Public record. Not legal advice.