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ST. THOMAS-ST. JOHN HOTEL & TOUR. v. GOV., U.S. VI

No. 02-3621.

357 F.3d 297 (2004)

THE ST. THOMAS — ST. JOHN HOTEL & TOURISM ASSOCIATION, INC.; the St. Thomas — St. John Chamber of Commerce, Inc. and the St. Croix Hotel & Tourism Association, Inc., Appellants v. GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS BY AND THROUGH THE VIRGIN ISLANDS DEPARTMENT OF LABOR; Elecuteria Roberts in Her Official Capacity as Acting Commissioner of the Virgin Islands Department of Labor Esla Huggins, Ladiah Whyte, (Intervenor in D.C.)

United States Court of Appeals, Third Circuit.

Opinion filed February 11, 2004.

Attorney(s) appearing for the Case

Iver A. Stridiron, Attorney General, Elliott M. Davis, Solicitor General, Carol S. Moore, Assistant Attorney General, Department of Justice, St. Thomas, Kathleen Navin, Esquire (Argued), Legal Services of Virgin Islands, Saint Croix, VI, Counsel for Appellees.

Charles E. Engeman, Esquire (Argued), David J. Comeaux, Esquire, Ogletree, Deakins, Nash, Smoak & Stewart, LLC, St. Thomas, VI, Counsel for Appellants.

Before: ROTH, McKEE and COWEN Circuit Judges.

OPINION

ROTH, Circuit Judge.

This appeal presents the question whether the Virgin Islands Wrongful Discharge Act (WDA), 24 V.I.Code Ann. §§ 76-79 is preempted by the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151-169, and, if not, whether the application of the WDA to supervisors is preempted by the NLRA. A prior panel of this Court addressed the first issue at the preliminary injunction phase and decided that the WDA was not preempted...

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