EIGHTH CIRCUIT REJECTS SIXTH CIRCUIT’S VIEW OF JURISDICTION UNDER LMRA

The Eighth Circuit in ABF Freight System, Inc. v. International Brotherhood of Teamsters, recently created a circuit split with the Sixth and Third Circuits on the question of jurisdiction under §301(a) of the Labor Management Relations Act. The question concerns whether the existence or violation of a labor contract is an element of the plaintiff’s case or a limit on subject matter jurisdiction. In Winnett v. Caterpillar, Inc., 553 F.3d 1000 (6th Cir. 2009), the Sixth Circuit held that it was not jurisdictional. Interpreting the Supreme Court’s recent decision in Arbaugh v. W & Y Corp, 546 U.S. 500 (2006), the Sixth Circuit held that Congress did not clearly state that the existence of a union contract is a...