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UNITED STEELWORKERS v. JOHNSON

No. 85-5101.

830 F.2d 924 (1987)

The UNITED STEELWORKERS OF AMERICA AFL-CIO-CLC, and United Steelworkers of America, Local Union No. 7044, Appellees, v. Julie M. JOHNSON, in her capacity as Secretary of the South Dakota Department of Labor, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 7, 1987.

Attorney(s) appearing for the Case

Wayne F. Gilbert, Rapid City, S.D., for appellant.

John G. Engberg, Minneapolis, Minn., for appellees.

Before LAY, Chief Judge, HEANEY, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, and MAGILL, Circuit Judges, En Banc.

FAGG, Circuit Judge.

The State of South Dakota appeals from the district court's order holding that the State's basis for denying unemployment compensation benefits to union claimants during the course of the labor dispute impermissibly conflicted with and was preempted by section 7 of the National Labor Relations Act (NLRA), 29 U.S.C. § 157. See United Steelworkers v. Meierhenry, 608 F.Supp. 201, 208-09 (D.S.D.1985...

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