WRIGHT ELEC., INC. v. OUELLETTE

No. A03-1683.

686 N.W.2d 313 (2004)

WRIGHT ELECTRIC, INC., Respondent, v. Thomas A. OUELLETTE, et al., Appellants.

Court of Appeals of Minnesota.

September 14, 2004.


Attorney(s) appearing for the Case

Hennepin County District Court, File No. EM 93-016106.

Richard L. Kaspari, Connie L. Howard, Metcalf, Kaspari, Howard, Engdahl & Lazarus, P.A., Minneapolis, MN, for appellants.

Gregg J. Cavanagh, Maple Grove, MN, for respondent.

Maurice Baskin, pro hac vice, Venable LLP, Washington, DC, for amicus Associated Builders and Contractors, Inc.

Nora H. Leyland, pro hac vice, Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, DC, for amicus International Brotherhood of Electrical Workers, AFL-CIO.

Considered and decided by HUDSON, Presiding Judge; LANSING, Judge; and WILLIS, Judge.


OPINION

HUDSON, Judge.

Appellants Thomas Ouellette, Michael J. Priem, and International Brotherhood of Electrical Workers, Local 292 (IBEW), argue that the National Labor Relations Act (NLRA) preempts respondent Wright Electric, Inc.'s (Wright Electric) claims because Ouellette's conduct of falsifying his employment application to Wright Electric is arguably protected by the NLRA. Wright Electric contends that its claims should proceed in state court because...

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