7th Circ. Asks Ex-Penske Workers To Prove Jurisdiction

Law360, Chicago (September 21, 2011, 3:53 PM EDT) -- A Seventh Circuit panel on Wednesday asked former Penske Logistics LLC employees to explain why a federal court, and not the National Labor Relations Board, should hear their case alleging the company breached its labor contract.

During oral arguments Wednesday, Circuit Judge Frank H. Easterbrook said that subject matter jurisdiction was a major concern in the suit the plaintiffs launched — without first turning to the NLRB — against the company and their union over a closing agreement the defendants struck when Penske closed its Indianapolis...
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