[Download] "United States v. Appalachian Regional Healthcare" by Fourth Circuit U.S. Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Appalachian Regional Healthcare
- Author : Fourth Circuit U.S. Court Of Appeals
- Release Date : January 30, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In September 1998, Beverly Keffer sued Appalachian Regional Healthcare, Inc. in West Virginia state court. Keffer alleged that Appalachian discharged her in violation of the drug testing policy contained in Appalachians collective bargaining agreement (CBA). Appalachian removed the case to federal court, arguing that Keffers claim under the CBA was preempted by § 301 of the Labor Management Relations Act, 1947 (LMRA). See 29 U.S.C. § 185 (1994). The district court determined that Keffer was not entitled to the protection of the CBA because she was a supervisor. In addition, Keffer argued that since the drug testing policy applied to company supervisors, Appalachians failure to comply with the policy constituted a breach of contract. The district court held that § 301 did not preempt this claim and remanded it to state court. Appalachian now appeals.