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TRANS PENN WAX CORP. v. McCANDLESS

No. 94-3093.

50 F.3d 217 (1995)

TRANS PENN WAX CORPORATION; Astor Wax Corporation; ABI Corporation, Petitioners v. Michael McCANDLESS; Benjamin Reynolds; Bradley Pearson; Brian Patterson; Jerry Snyder and John E. Bulkley, Respondents Maurice B. COHILL, Jr., Nominal Respondent

United States Court of Appeals, Third Circuit.

Decided February 28, 1995.

Attorney(s) appearing for the Case

Robert E. Rigrish (argued), Clark, Paul, Hoover & Mallard, Atlanta, GA, Kenneth W. Wargo, Quinn, Buseck, Leemhuis, Toohey & Kroto, Erie, PA, for petitioners.

Joseph E. Altomare (argued), Altomare & Barnhart, Titusville, PA, for respondents.

Before: SCIRICA, LEWIS and ROSENN, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this petition for a writ of mandamus, we must decide whether section 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185(a) (1988), mandates federal preemption of state contract and tort claims brought by collective bargaining unit members based on promises and misrepresentations of job security by their employer, Trans Penn Wax Corporation. Trans Penn contends these claims are preempted...

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