Filed: Jun. 11, 1999
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 98-60543 Summary Calendar WILLIE MAE BYRD, Plaintiff-Appellant, VERSUS INTERNATIONAL PAPER COMPANY; ET AL, Defendants, INTERNATIONAL PAPER COMPANY, Defendant-Appellee. Appeal from the United States District Court for the Southern District of Mississippi (1:97-CV-307-GR) June 11, 1999 Before DAVIS, DUHÉ, and PARKER, Circuit Judges. PER CURIAM:1 Appellant, Willie Mae Byrd, an employee of International Paper Company, sued her employer in Miss
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 98-60543 Summary Calendar WILLIE MAE BYRD, Plaintiff-Appellant, VERSUS INTERNATIONAL PAPER COMPANY; ET AL, Defendants, INTERNATIONAL PAPER COMPANY, Defendant-Appellee. Appeal from the United States District Court for the Southern District of Mississippi (1:97-CV-307-GR) June 11, 1999 Before DAVIS, DUHÉ, and PARKER, Circuit Judges. PER CURIAM:1 Appellant, Willie Mae Byrd, an employee of International Paper Company, sued her employer in Missi..
More
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 98-60543
Summary Calendar
WILLIE MAE BYRD,
Plaintiff-Appellant,
VERSUS
INTERNATIONAL PAPER COMPANY; ET AL,
Defendants,
INTERNATIONAL PAPER COMPANY,
Defendant-Appellee.
Appeal from the United States District Court
for the Southern District of Mississippi
(1:97-CV-307-GR)
June 11, 1999
Before DAVIS, DUHÉ, and PARKER, Circuit Judges.
PER CURIAM:1
Appellant, Willie Mae Byrd, an employee of International Paper
Company, sued her employer in Mississippi state court asserting
numerous state law tort claims arising out of her employment. She
also filed a claim with the Mississippi Worker’s Compensation
Commission contending that she suffered severe emotional distress
because of her employment. The case was removed to federal court.
Byrd makes numerous allegations including harassment by her
1
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
supervisors and co-employees because of her sex, management’s
failure to remedy that situation following her complaints about it,
the assignment of difficult work tasks, being suspended for having
left work due to illness and other similar state law claims.
Defendant moved for summary judgment contending that these state
law claims are preempted by the Labor Management Relations Act, 29
U.S.C. § 185(a), because all terms and conditions of employment at
the International Paper Company plant where Appellant was employed
are governed by a collective bargaining agreement between
International Paper and The United Paper Workers International
Union of which Plaintiff is a member. The collective bargaining
agreement provides a detailed dispute resolution procedure which
was not utilized by Plaintiff in this case.
We have carefully reviewed the pleadings, the summary judgment
record, and the briefs of all parties and conclude, for the reasons
expressed by the district court in its opinion dated July 29, 1998,
that the district court correctly granted Defendant’s motion for
summary judgment dismissing Plaintiff’s claims.
AFFIRMED.
2