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CLARK v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK

No. 90-2361.

937 F.2d 934 (1991)

Sammy L. CLARK, Plaintiff-Appellant, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY; Amalgamated Local No. 451, United Plant Guard Workers of America, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 19, 1991.

Attorney(s) appearing for the Case

Patricia Watkins Fromal, Patricia W. Fromal, P.C., Newport News, Va., for plaintiff-appellant.

Hill B. Wellford, Jr., Hunton & Williams, Richmond, Va., argued (Mark L. Heinen, Gregory, Moore, Jeakle, Heinen, Ellison & Brooks, Detroit, Mich., Avery T. Waterman, Jr., Patten, Wornom & Watkins, William C. Bell, Newport News Shipbuilding and Dry Dock Co., Newport News, Va., on brief), for defendants-appellees.

Before SPROUSE, Circuit Judge, CHAPMAN, Senior Circuit Judge, and COPENHAVER, District Judge for the Southern District of West Virginia, sitting by designation.

COPENHAVER, District Judge:

The prime issue in this appeal is whether the district court properly determined that appellant's state-law negligence claims against his employer for wrongful discharge as a result of his failure to pass a drug-screen test and against his union for negligent representation after his discharge are preempted by § 301 of the Labor Management Relations Act (LMRA). Appellant also claims plain error with respect to appellees' use of peremptory...

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