Waugh Chapel South, LLC v. United Food and Commercial Workers Union, No. 12-1429 (4th Cir. 2013)
Annotate this CaseWCS filed suit against the Unions and the Fund under the Labor Management Relations Act (LMRA), 29 U.S.C. 187, alleging that defendants orchestrated fourteen separate legal challenges against their commercial real estate project in order to force WCS to terminate their relationship with a non-unionized supermarket. WCS alleged that this was an illicit "secondary boycott" under 29 U.S.C. 158(b)(4)(ii)(B). The court affirmed the district court's decision to dismiss the complaint against the Fund because it was not a "labor organization" under the LMRA. The court concluded, however, that the district court erred in dismissing WCS's claims against the Unions where there remained a genuine issue of material fact as to whether the pattern of litigation alleged in WCS's complaint derived from "a policy of starting legal proceedings without regard to the merits and for the purpose of" waging a secondary boycott. Accordingly, the court vacated the dismissal of WCS's complaint as to the remaining union defendants and remanded for further proceedings.
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