Dismissal of wrongful termination suit for lack of subject matter jurisdiction
Lewis v. Whirlpool Corp., 09-4231, concerned a challenge to the district court's dismissal of the complaint for lack of subject matter jurisdiction in plaintiff's action for wrongful termination against defendant claiming that he was terminated in violation of Ohio public policy for his refusal to discharge employees for unionizing activities.
In affirming the judgment, the court held that plaintiff's wrongful
termination claim is preempted by the NLRA as the sole and dispositive
inquiry for his claims is whether he was terminated for the failure to
commit unfair labor practices, as defined by the NLRA. The court also
held that plaintiff's alternative argument that district court's
dismissal of the complaint denied him procedural due process is