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METHODIST HOSPITAL v. GILLIAM

No. 2007-SC-000817-DG.

283 S.W.3d 654 (2009)

METHODIST HOSPITAL OF KENTUCKY, INC., Appellant, v. Wesley GILLIAM, Appellee.

Supreme Court of Kentucky.

Rehearing Denied June 25, 2009.

Attorney(s) appearing for the Case

James U. Smith, III, Kevin Michael Norris, Oliver Barrett Rutherford, Smith & Smith, Louisville, KY, Counsel for Appellant.

Lawrence R. Webster, Webster Law Offices, Pikeville, KY, Counsel for Appellee.

Opinion of the Court by Justice SCHRODER.

This Court granted discretionary review to address one issue—whether a wrongful discharge claim under state law is preempted by federal law (the National Labor Relations Act) where the discharge was allegedly based on the employee's participation in union organizing activities. We agree with the trial court that the National Labor Relations Board has exclusive jurisdiction over such claims, reversing the Court of Appeals...

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