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LOCAL UNION NO. 12004 v. MASSACHUSETTS

Nos. 03-2352, 03-2551.

377 F.3d 64 (2004)

LOCAL UNION NO. 12004, UNITED STEELWORKERS OF AMERICA; Stephen T. Bradley; Gary S. Buma; Paul P. Edmonds; Charles H. Grant, Jr.; Raymond Lahair, Jr.; Charles McNeil; Ronald F. Mezzano; Thomas Nugent; and Thomas St. Pierre, Plaintiffs, Appellants/Cross-Appellees, v. Commonwealth of MASSACHUSETTS, Massachusetts Commission Against Discrimination; Dorca I. Gomez, Commissioner for the Massachusetts Commission Against Discrimination; Walter J. Sullivan, Jr., Commissioner for the Massachusetts Commission Against Discrimination; and Cynthia A. Tucker, Commissioner for the Massachusetts Commission Against Discrimination, Defendants, Appellees, Peter D. McGrath, Defendant, Appellee/Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided July 30, 2004.

Attorney(s) appearing for the Case

Rudolph Milasich, with whom Harold L. Lichten, Terence E. Coles, and Pyle, Rome, Lichten & Ehrenberg, P.C. were on brief, for appellants/cross-appellees.

Robert L. Quinan, Jr., Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for the Massachusetts appellees.

Donald C. Keavany, Jr., with whom Christopher, Hays, Wojcik & Mavricos was on brief, for appellee/cross-appellant McGrath.

Michele Granda, Charles P. Wagner, and Charles P. Wagner & Assocs. were on brief for amici curiae Gay & Lesbian Advocates & Defenders (GLAD) and the Massachusetts Lesbian & Gay Bar Association.

Before: SELYA, Circuit Judge, PORFILIO, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

A labor union and several of its individual members (the Union) seek declaratory and injunctive relief against the Massachusetts Commission Against Discrimination (MCAD) to prevent the MCAD from adjudicating a charge of discrimination by a supervisor against the Union that arose out of a labor dispute. The sole basis for the Union's federal complaint is its contention that the MCAD proceeding is preempted by federal labor law under San Diego...

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