Jean Knafel Karen Wuchich v. Pepsi Cola Bottlers of Akron, Inc. Stanley Levin James Davis & Gen. Cinema Corp., 850 F.2d 1155 (6th Cir. 1988). · Go Syfert
Jean Knafel Karen Wuchich v. Pepsi Cola Bottlers of Akron, Inc. Stanley Levin James Davis & Gen. Cinema Corp., 850 F.2d 1155 (6th Cir. 1988). Cases Citing This Book View Copy Cite
“even where the district court properly supports its certification, rule 54(b) should not be used routinely, but rather should be reserved for the infrequent harsh case where certification serves the interests of justice and judicial administration.”
95 citation events (19 in the last 25 years) across 15 distinct courts.
Strongest positive: Hatem v. Ark Oil Group Ltd. (ca6, 1991-08-08)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Hatem v. Ark Oil Group Ltd. (2×) also: Cited as authority (rule)
6th Cir. · 1991 · signal: see also · quote attribution · 1 verbatim quote · confidence high
even where the district court properly supports its certification, rule 54(b) should not be used routinely, but rather should be reserved for the infrequent harsh case where certification serves the interests of justice and judicial administration.
discussed Cited as authority (rule) Terence S. Roberts v. Kentucky National Insurance Co.
unknown court · 2025 · confidence medium
Looking to federal decisions for guidance, we acknowledged that the Sixth Circuit had held that “[a]bsent such an explanation, no deference was due the lower court’s order, and the appellate court was ‘without jurisdiction’ to consider the appeal due to a lack of finality.” Id. at 921 (quoting Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir. 1988)).
discussed Cited as authority (rule) Misane v. Bangor, City of
W.D. Mich. · 2023 · confidence medium
“Rule 54(b) should not be used routinely, but rather should be reserved for the infrequent harsh case where certification serves the interests of justice and judicial administration.” Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir. 1988) (internal citations and quotation marks omitted); see also Curtiss-Wright, 446 U.S. at 10 (“Plainly, sound judicial administration does not require that Rule 54(b) requests be granted routinely.”).
cited Cited as authority (rule) Garrison Southfield Park LLC v. Closed Loop Refining and Recovery, Inc.
S.D. Ohio · 2021 · confidence medium
Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir. 1988).
cited Cited as authority (rule) Olymbec USA LLC v. Closed Loop Refining and Recovery, Inc.
S.D. Ohio · 2021 · confidence medium
Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir. 1988).
cited Cited as authority (rule) Olymbec USA LLC v. Closed Loop Refining and Recovery, Inc.
S.D. Ohio · 2021 · confidence medium
Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir. 1988).
cited Cited as authority (rule) Garrison Southfield Park LLC v. Closed Loop Refining and Recovery, Inc.
S.D. Ohio · 2021 · confidence medium
Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir. 1988).
cited Cited as authority (rule) Greene v. Crawford County
E.D. Mich. · 2020 · confidence medium
If granted, the Court should explain “the factors warranting certification.” Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155,1159 (6th Cir. 1988); GenCorp, Inc., 23 F.3d at 1026 .
cited Cited as authority (rule) Ball v. Kasich
S.D. Ohio · 2020 · confidence medium
Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir. 1988).
cited Cited as authority (rule) Frank v. The Good Samaritan Hospital of Cincinnati, Ohio
S.D. Ohio · 2019 · confidence medium
Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir. 1988) (citations omitted).
discussed Cited as authority (rule) Delk v. Perry (2×)
W.D. Tenn. · 2019 · confidence medium
Co. v. Wetzel, 424 U.S. 737, 742 (1976); Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1158 (6th Cir. 1988).
discussed Cited as authority (rule) Miller Metal Fabrication, Inc. v. Wall (2×)
Md. · 2010 · confidence medium
Operating Corp., 971 F.2d 999, 1003 (3d Cir.1992) (“A proper exercise of discretion under Rule 54(b) requires the [trial court] to do more than just recite the 54(b) formula of ‘no just reason for delay.’ ”); Willhauck v. Halpin, 953 F.2d 689 , 702 n. 11 (1st Cir.1991) (“This circuit has not imposed a ‘rigid requirement on [a] [trial court] to prepare a written statement in every case to justify its Rule 54(b) actions.’ Rather, in order to promote meaningful appel *225 late review of the [trial court’s] exercise of its discretion under Rule 54(b), we have suggested that ‘it s…
discussed Cited as authority (rule) Williams v. York International Corp.
6th Cir. · 2003 · confidence medium
The district court held that all claims for intentional infliction of emotional distress in unionized workplaces are preempted, citing Beckwith v. Diesel Technology Co., 215 F.3d 1325 (Table), 2000 WL 761808 , at *4 (6th Cir. May 30, 2000), DeCoe, 32 F.3d at 219-20 , and Knafel v. Pepsi Cola Bottlers, Inc., 850 F.2d 1155, 1162 (6th Cir.1988).
discussed Cited as authority (rule) Jalapeno Property Management, LLC v. George Dukas Justine Dukas (2×)
6th Cir. · 2001 · confidence medium
Acquisition, Inc., 23 F.3d at 1026 (stating that for Rule 54(b) certification, district court must expressly “direct the entry of final judgment as to one or more but few than all the claims or parties,” “must express[ly] deter-min[e] that there is no just reason to delay appellate review,” and must provide reasoning to support its conclusions) (internal quotation marks omitted); Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir.1988) (rejecting district court’s Rule 54(b) certification because court failed to consider properly the factors relevant to the cer…
discussed Cited as authority (rule) Gencorp, Inc. v. American International Underwriters (2×) also: Cited "see"
1st Cir. · 1999 · confidence medium
The cases they do cite, General Acquisition, Inc. v. GenCorp, Inc., 23 F.3d 1022, 1026-27 (6th Cir.1994); Haskell v. Washington Township, 891 F.2d 132, 133 (6th Cir.1989)(order); and Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159-60 (6th Cir.1988), set forth the general standards for Rule 54(b) certification
discussed Cited as authority (rule) GenCorp, Inc. v. American International Underwriters (2×) also: Cited "see"
6th Cir. · 1999 · confidence medium
The cases they do cite, General Acquisition, Inc. v. GenCorp, Inc., 23 F.3d 1022, 1026-27 (6th Cir. 1994); Haskell v. Washington Township, 891 F.2d 132, 133 (6th Cir.l989)(order); and Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159-60 (6th Cir.1988), set forth the general standards for Rule 54(b) certification.
discussed Cited as authority (rule) Gencorp, Inc. v. American International Underwriters (2×) also: Cited "see"
1st Cir. · 1999 · confidence medium
The cases they do cite, General Acquisition, Inc. v. GenCorp, Inc., 23 F.3d 1022, 1026-27 (6th Cir.1994); Haskell v. Washington Township, 891 F.2d 132, 133 (6th Cir.1989)(order); and Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159-60 (6th Cir.1988), set forth the general standards for Rule 54(b) certification
discussed Cited as authority (rule) GenCorp, Inc. v. American International Underwriters (2×) also: Cited "see"
6th Cir. · 1999 · confidence medium
The cases they do cite, General Acquisition, Inc. v. GenCorp, Inc., 23 F.3d 1022, 1026-27 (6th Cir.1994); Haskell v. Washington Township, 891 F.2d 132, 133 (6th Cir.1989)(order); and Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159-60 (6th Cir.1988), set forth the general standards for Rule 54(b) certification.
discussed Cited as authority (rule) Ebrahimi v. City Of Huntsville Board Of Education
11th Cir. · 1997 · confidence medium
Southeast Banking, 69 F.3d at 1546 ; Braswell Shipyards, 2 F.3d at 1336 ; Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir.1988). 15 We do not suggest, however, that the absence of an adequate explanation will always be fatal to a Rule 54(b) certification.
cited Cited as authority (rule) Ebrahimi v. City of Huntsville Board of Education
11th Cir. · 1997 · confidence medium
Southeast Banking, 69 F.3d at 1546 ; Braswell Shipyards, 2 F.3d at 1336 ; Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir.1988).
examined Cited as authority (rule) Richard Baker, Cross-Appellee v. Farmers Electric Cooperative, Inc. And Lawson White (3×) also: Cited "see, e.g."
5th Cir. · 1994 · confidence medium
See also Jackson v. Kimel, 992 F.2d at 1325-1327 (intentional infliction of emotional distress claim arising from sexual harassment by coworker not preempted because CBA could not lawfully authorize alleged behavior); McCormick v. AT & T Technologies, Inc., 934 F.2d 531, 537 (4th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 912 , 116 L.Ed.2d 813 (1992) (intentional infliction of emotional distress claim stemming from employer’s disposal of contents of his locker preempted because resolution of claim would be substantially dependent on analysis of CBA); Knafel v. Pepsi Cola Bottlers, Inc., …
discussed Cited as authority (rule) Budd Co. v. Admiral Ins. Co.
1st Cir. · 1992 · confidence medium
II. 11 Because "[t]his court obtains jurisdiction only when an appeal is taken from a final order, 28 U.S.C. § 1291 , or from an appealable interlocutory order, 28 U.S.C. § 1292 ," Corrosioneering, Inc. v. Thyssen Environmental Sys., Inc., 807 F.2d 1279 , 1282 (6th Cir.1986), "[a]n appeal taken from a nonfinal judgment is beyond our jurisdiction and must be dismissed." Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1158 (6th Cir.1988).
discussed Cited as authority (rule) Dykhouse v. Corporate Risk Management Corp.
6th Cir. · 1992 · confidence medium
Although Rule 54(b) certification is not intended to be granted routinely, substantial deference will be given the district court decision to certify under Rule 54(b), provided that the court "undertook to weigh and examine the competing factors involved in the certificat[ion] decision." Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir.1988) (quoting Solomon v. Aetna Life Ins.
discussed Cited as authority (rule) Barnes v. O'Dea
6th Cir. · 1992 · confidence medium
See Purnell v. City of Akron, 925 F.2d 941, 944 (6th Cir.1991); Scarbrough v. Perez, 870 F.2d 1079 , 1082 (6th Cir.1989); Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159-60 (6th Cir.1988).
cited Cited as authority (rule) Sondra Gale Stivers v. Teamsters Local 783
6th Cir. · 1992 · confidence medium
Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1160 (6th Cir.1988); Solomon v. Aetna Life Ins.
cited Cited as authority (rule) Francis M. Curci v. L.D. Gorman Gorman Fuel, Inc., Vegas Coals, Inc., Federal Deposit Insurance Corporation, Intervening
6th Cir. · 1992 · confidence medium
Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1160 (6th Cir.1988). 2 This court has a duty to consider sua sponte whether appellate jurisdiction is properly invoked.
discussed Cited as authority (rule) James J. Auxier, Cross-Appellee v. Thomson-Csf Components Corporation, Cross-Appellant
6th Cir. · 1991 · confidence medium
The district court's order of dismissal, entered October 29, 1990, is insufficient for Rule 54(b) certification because it does not state the district court's reasons for concluding there is "no just reason for delay." See Knafel v. Pepsi Cola Bottlers, 850 F.2d 1155, 1159-60 (6th Cir.1988); COMPACT v. Metropolitan Gov't, 786 F.2d 227, 231 (6th Cir.1986); Solomon, 782 F.2d at 61 .
discussed Cited as authority (rule) Norman Purnell, Administrator of the Estate of Armstead Land, A/K/A Armstad Land v. City of Akron v. Damon Campbell Carissa Campbell (2×) also: Cited "see"
6th Cir. · 1991 · confidence medium
Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir.1988).
discussed Cited as authority (rule) Meadowdale Foods, Incorporated, a Michigan Corporation, Counter v. First Fiscal Fund Corporation, a Delaware Corporation, Counter
1st Cir. · 1990 · confidence medium
Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159-60 (6th Cir.1988). 4 It is therefore ORDERED that the defendant's appeal is dismissed without prejudice to its right to perfect a timely appeal in the event of proper Rule 54(b) certification by the district court.
discussed Cited as authority (rule) United States v. Leslie Grable
6th Cir. · 1990 · confidence medium
ORDER 1 It appearing to the court that the district court's purported certification under Federal Rule of Civil Procedure 54(b) is deficient in that the district court did not articulate the analysis required under Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir.1988), and Solomon v. Aetna Life Ins.
cited Cited as authority (rule) Ohio Carpenters Central Collection and Administrative Agency (Case No. 89-3907), Ohio Carpenters Health and Welfare Fund, Intervenor-Appellant (Case No. 89-3908) v. B.P. Jenkins, Inc.
6th Cir. · 1989 · confidence medium
Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir.1988).
cited Cited as authority (rule) Daniel Ray Melson v. Nelson County, Kentucky, Larry D. Raikes Thomas A. Donan
6th Cir. · 1989 · confidence medium
Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159-60 (6th Cir.1988). 4 Accordingly, it is ORDERED that the appeal be and hereby is dismissed for lack of jurisdiction.
cited Cited as authority (rule) Waxman v. Luna
6th Cir. · 1989 · confidence medium
Scarbrough v. Perez, No. 87-5511, slip op. at 4-5 (6th Cir. Mar. 22, 1989); Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1158-59 (6th Cir.1988).
discussed Cited as authority (rule) Douglas v. American Information Technologies Corp.
7th Cir. · 1989 · confidence medium
See also Shane, 868 F.2d at 1063 (intentional infliction of emotional distress claim preempted where it was "essentially a claim 'that administration of discipline was improper under the standards set by the collective bargaining agreement[ ]' ’’) (quoting Truex v. Garrett Freightlines, Inc., 784 F.2d 1347, 1350 (9th Cir.1985)); Newberry v. Pacific Racing Ass’n, 854 F.2d 1142, 1149 (9th Cir.1988) (emotional distress claim preempted because resolution of claim would require court to decide whether plaintiff’s discharge was justified under the terms of the collective bargaining agreement…
discussed Cited as authority (rule) Douglas v. American Information Technologies Corporation
7th Cir. · 1989 · confidence medium
If the state tort law purports to define the meaning of the contract relationship, that law is pre-empted.' ") (quoting Allis-Chalmers, 471 U.S. at 213 , 105 S.Ct. at 1912 ) (emphasis supplied) 13 See also Shane, 868 F.2d at 1063 (intentional infliction of emotional distress claim preempted where it was "essentially a claim 'that administration of discipline was improper under the standards set by the collective bargaining agreement[ ]' ") (quoting Truex v. Garrett Freightlines, Inc., 784 F.2d 1347, 1350 (9th Cir.1985)); Newberry v. Pacific Racing Ass'n, 854 F.2d 1142, 1149 (9th Cir.1988) (emo…
cited Cited as authority (rule) John Cooper v. United States
6th Cir. · 1989 · confidence medium
Knafel v. Pepsi-Cola Bottlers, 850 F.2d 1155, 1159-60 (6th Cir.1988); Corrosioneering, Inc. v. Thyssen Envtl.
discussed Cited as authority (rule) Linda Henry v. Allstate Insurance Co., an Illinois Corporation
6th Cir. · 1988 · confidence medium
Co. v. Wetzel, 424 U.S. 737, 740 (1976). 5 Rule 54(b) provides that a district court may certify a claim for interlocutory appeal "only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment." The rule requires that the district court "do more than just recite the 54(b) formula of 'no just reason for delay.' " Knafel v. Pepsi Cola Bottlers, 850 F.2d 1155, 1159 (6th Cir.1988), quoting Solomon v. Aetna Life Ins.
examined Cited as authority (rule) RICHARD BAKER v. FARMERS ELECTRIC COOPERATIVE, INC. and LAWSON WHITE (3×) also: Cited "see, e.g."
unknown court · confidence medium
The court held that the emotional distress claim was not preempted because the allegations arose from abuse endured while the plaintiff was employed, and from conduct which was not authorized or even contemplated by the CBA, rather than from her termination.6 That the defendants' action may have been taken in retaliation for Baker's participation in the prior arbitration does not defeat 6 See also Jackson v. Kimel, 992 F.2d at 1325-1327 (intentional infliction of emotional distress claim arising from sexual harassment by co-worker not preempted because CBA could not lawfully authorize alleged …
discussed Cited "see" David R. Setzer, David L. Williams, Attorney-Appellant v. United States of America, Leonard Younce Roger Younce, Third-Party New River Fuel, Inc., Intervening
3rd Cir. · 1994 · signal: see · confidence high
See Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1158-59 (6th Cir.1988); Johnson v. McDole, 526 F.2d 710, 711 (5th Cir.1976) 3 Since we accept Setzer's argument that his claim should not have been dismissed, we need not address his argument that the dismissal of his claim violated his due process rights
discussed Cited "see" Beil v. Lakewood Engineering and Manufacturing Company
6th Cir. · 1994 · signal: see · confidence high
The court stated: 35 "[I]nasmuch as the consolidation of both actions below did not merge the suits into a single cause, it is beyond preadventure [sic] that the trial court's decision dismissing [defendant] and thereby terminating [plaintiff's] action is a final appealable order not requiring further certification pursuant to Fed.R.Civ.P. 54(b)." 36 Id. (quoting Kraft v. Local Union 327, 683 F.2d 131, 133 (6th Cir.1982)); see Knafel v. Pepsi Cola Bottlers, Inc., 850 F.2d 1155 (1988) (Two cases were consolidated.
discussed Cited "see" Beil v. Lakewood Engineering & Manufacturing Co.
6th Cir. · 1994 · signal: see · confidence high
The court stated: “[Ijnasmuch as the consolidation of both actions below did not merge the suits into a single cause, it is beyond preadventure [sic] that- the trial court’s decision dismissing [defendant] and thereby terminating [plaintiffs] action is a final appealable order not requiring further certification pursuant to Fed.R.Civ.P. 54(b).” Id. (quoting Kraft v. Local Union 327, 683 F.2d 131, 133 (6th Cir.1982)); see Knafel v. Pepsi Cola Bottlers, Inc., 850 F.2d 1155 (1988) (Two cases were consolidated.
discussed Cited "see" United States v. Hess
6th Cir. · 1992 · signal: accord · confidence high
A final order is usually defined as "one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment." Catlin v. United States, 324 U.S. 229, 233 , 65 S.Ct. 631, 633 , 89 L.Ed. 911 (1945); accord Knafel v. Pepsi-Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir.1988).
discussed Cited "see" United States v. Hess
6th Cir. · 1992 · signal: accord · confidence high
A final order is usually defined as “one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Catlin v. United States, 324 U.S. 229, 233 , 65 S.Ct. 631, 633 , 89 L.Ed. 911 (1945); accord Knafel v. Pepsi-Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir.1988).
cited Cited "see" Walter C. McClennan (Case No. 92-3637), Canyon Land & Development Corp., Walter C. McClennan General Partner for West Telluride Limited, (Case No. 92-3642) v. Csank & Csank Company, Lpa, Columbia Savings & Loan
6th Cir. · 1992 · signal: see · confidence high
See Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155 (6th Cir.1988); Corrosioneering, Inc. v. Thyssen Environmental.
cited Cited "see" United States of America, Ex Rel. Larry S. Eagleye Alan Russ Charles Broome v. Trw, Inc. General Electric Company
6th Cir. · 1991 · signal: see · confidence high
See Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir.1988) (order certifying finality under Rule 54(b) must explain reasons for certification); Solomon v. Aetna Life Ins.
cited Cited "see" Greg McLemore v. City of Adamsville, Tennessee Harry Boosey, Mayor, City of Adamsville Martha Leitschuh Steve Simon Herman Enlow
6th Cir. · 1989 · signal: accord · confidence high
Accord Knafel v. Pepsi Cola Bottler of Akron, Inc., 850 F.2d 1155, 1158-59 (6th Cir.1988).
cited Cited "see, e.g." Rieth-Riley Construction Co. v. Operating Engineers Local 324
6th Cir. · 2026 · signal: see also · confidence medium
Kaiser Steel Corp., 455 U.S. at 83 ; see also Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1161 (6th Cir. 1988); Trollinger, 370 F.3d at 608 .
discussed Cited "see, e.g." Mindy Carpenter v. Liberty Ins. Corp.
6th Cir. · 2021 · signal: see, e.g. · confidence low
See, e.g., Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155 , 1159–60 (6th Cir. 1988); Daleure, 269 F.3d at 543 (6th Cir. 2001); Adler v. Elk Glenn, LLC, 758 F.3d 737 , 738–39 (6th Cir. 2014).
cited Cited "see, e.g." Petro-Hunt, L.L.C. v. United States
Fed. Cl. · 2010 · signal: see also · confidence medium
See, e.g., Thompson v. Betts, 754 F.2d 1243, 1245-46 (5th Cir.1985); see also Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155, 1159 (6th Cir.1988).
cited Cited "see, e.g." Levy v. Yenkin-Majestic Paint Corp.
6th Cir. · 1990 · signal: see also · confidence low
See also Knafel v. Pepsi Cola Bottlers of Akron, Inc., 850 F.2d 1155 (6th Cir.1988) (district court should explain factors warranting Rule 54(b) certification).
Retrieving the full opinion text from the archive…
Jean KNAFEL; Karen Wuchich, Plaintiffs-Appellants,
v.
PEPSI COLA BOTTLERS OF AKRON, INC.; Stanley Levin; James Davis; And General Cinema Corporation, Defendants-Appellees
87-3654.
Court of Appeals for the Sixth Circuit.
Jul 7, 1988.
850 F.2d 1155
1988 U.S. App. LEXIS 9241
1988 WL 68769
Timothy A. Shimko (argued), Spangen-berg, Shibley, Traci & Lancione, Cleveland, Ohio, for plaintiffs-appellants., David P. Hiller, Millisor, Belkin & Nobil, Columbus, Ohio, Robert B. Layboume, Layboume, Smith, Gore & Goldsmith, Akron, Ohio, Gregory L. Hammond, Lead Counsel (argued), Hahn, Loeser & Parks, Cleveland, Ohio, for defendants-appellees.
Milburn, Boggs, Celebrezze.
Cited by 75 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

Timothy A. Shimko (argued), Spangenberg, Shibley, Traci & Lancione, Cleveland, Ohio, for plaintiffs-appellants.

David P. Hiller, Millisor, Belkin & Nobil, Columbus, Ohio, Robert B. Laybourne, Laybourne, Smith, Gore & Goldsmith, Akron, Ohio, Gregory L. Hammond, Lead Counsel (argued), Hahn, Loeser & Parks, Cleveland, Ohio, for defendants-appellees.

Before MILBURN and BOGGS, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

MILBURN, Circuit Judge.

Lead Opinion

MILBURN, Circuit Judge.

Plaintiff-appellant Jean Knafel (“Knaf-el”) appeals the judgment of the district court granting defendants-appellees’ motion for summary judgment on Knafel’s claims of retaliatory discharge in violation of § 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; retaliatory discharge for filing a workers’ compensation claim in violation of Ohio Rev.Code § 4123.90; and intentional infliction of personal injury and emotional distress. Plaintiff-appellant Karen Wuc-hich (“Wuchich”) appeals the judgment of the district court granting defendants-ap-pellees’ motion for summary judgment on Wuchich’s claim that defendants intentionally caused her personal injury and emotional distress in retaliation for her participation in a prior civil rights action against defendants. Knafel’s and Wuchich’s actions were consolidated by the district court on June 9, 1987. For the reasons that follow, we dismiss plaintiff Knafel’s appeal for lack of jurisdiction since there is no final judgment in the district court, and the district court’s purported certification under Fed.R.Civ.P. 54(b) was improper. Further, we affirm the district court’s grant of summary judgment dismissing plaintiff Wuchich’s action, as her cause of action is preempted under § 301 of the Labor Management Relations Act of 1947 (“LMRA”), 29 U.S.C. § 185(a).

I.

A. Knafel’s Action

On February 27, 1986, Knafel filed a complaint in district court against five defendants, Pepsi Cola Bottlers of Akron, Inc. (“Pepsi”); Stanley Levin (“Levin”), the Vice-President and General Manager of Pepsi; James Davis (“Davis”), the Production Manager at Pepsi; General Cinema Corporation (“GCC”), a corporation which, together with Pepsi, bottled soft drinks for the Ohio area; and the Truck Drivers Local Union No. 348 (“the Union”). The complaint was framed in four counts, and Count I alleged a cause of action only against defendants Pepsi, Levin, Davis, and GCC. Knafel charged in Count I that she had been discharged by her former employers as a result of her involvement in a prior civil rights action against these defendants. She claimed that this retaliatory discharge occurred in violation of § 704(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a). The prior action, Knafel, et al. v. Pepsi Cola Bottling of Akron, Inc., et al., is referred to by the parties as Case No. 83-3534A.[1]

Count II alleged a cause of action only against the Union (not a party to this appeal) and charged that the Union had breached its duty of fair representation, although the complaint made no reference to § 301 of the LMRA. Knafel also alleged in Count II that the Union had violated Title VII by discriminating against her[*1157] in retaliation for her participation in the earlier action; viz., C83-3534A.

Counts III and IV were both pendent state law claims. In Count III, Knafel alleged a cause of action under Ohio Rev. Code § 4123.90, charging that her employers had retaliated against her for filing a workers’ compensation claim.[2] In Count IV, Knafel alleged that defendants had intentionally caused her both personal and emotional injury by insisting she perform work which subjected her to injuries that defendants “intended or knew were substantially certain to occur as a consequence of such intentional conduct.” J.A. at 16-17.

Knafel began working at Pepsi in 1978 and worked primarily on the bottling line at the company through her termination on September 18, 1985. Apparently, Knafel experienced back problems and, as a result, was absent from the company from time to time on medical leave. Knafel alleged the company intentionally assigned her to projects which were calculated to aggravate her back condition, allegedly in retaliation for her participation in the action charged in Case No. 83-3534A. Knafel claimed that through a combination of her work assignments and job conditions, culminating with her termination, the defendants continued to retaliate against her and discharged her in violation of Title VII. Defendants, however, countered that Knaf-el was terminated solely for gross and excessive absenteeism and that all work assignments given to her were proper.[3]

B. Wuchich’s Action

On September 24, 1986, Wuchich filed an action in the Summit County Court of Common Pleas, Summit County, Ohio, against these same defendants (except the Union), alleging that the defendants had intentionally caused her harm in retaliation for her participation with Knafel in Case No. 83-3534A. Defendants removed the action to the district court where Wuchich’s action was later consolidated with the Knafel proceeding.

Wuchich is still employed by Pepsi. She claims that the situation of her present employment, including job assignments and supervisor comments, is intended to intentionally inflict harm upon her. Defendant Pepsi claims that any changes in Wuchich’s work assignments have been strictly the result of business necessities and, further, that Wuchich has not lost time at work or suffered any other monetary injury as a result of defendants’ actions.

C. District Court’s Judgment as to Knafel’s Action

On August 11, 1986, defendants Pepsi, Levin, Davis, and GCC moved for summary judgment against plaintiff Knafel. The court, on April 27, 1987, entered judgment, concluding first that Count I of the complaint, alleging a violation of Title VII, must be dismissed for lack of jurisdiction as to defendants Levin, Davis, and GCC because Knafel failed to name these three defendants as respondents in a charge of discrimination filed with the EEOC on October 25, 1985. The court found that a failure to name a defendant as a respondent before the EEOC strips the court of Title VII jurisdiction. The court, however,[*1158] denied defendant Pepsi’s motion for summary judgment as to Count I, and this aspect of Knafel’s complaint remained pending before the district court át the time of her appeal.

As to Count II, the court dismissed Knaf-el’s claims against the Union under § 301 of the LMRA for lack of jurisdiction because Knafel had not alleged that she had attempted to exhaust internal union remedies. The court, however, ordered that Knafel’s Title VII claim against the Union should proceed to trial, noting that the Union had failed to file a dispositive motion with the court. Thus, the court retained jurisdiction of the Title VII claim against the Union.

With regard to Knafel’s pendent state law claims presented in Counts III (retaliatory discharge for filing a workers’ compensation claim) and IV (intentional infliction of injury), the court held that under § 301 of the LMRA, the claims are preempted as “resolution of [these] state-law claim[s] is substantially dependent upon analysis of the terms of an agreement made between the parties in a labor contract-” J.A. at 372 (quoting Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 220, 105 S.Ct. 1904, 1916, 85 L.Ed.2d 206 (1985)).[4] Subsequently, on June 9, 1987, the district court granted summary judgment dismissing Knafel’s Counts III and IV. The court then certified for purposes of appeal its dismissal of Counts III and IV pursuant to Fed.R.Civ.P. 54(b).[5] In certifying this aspect of Knafel’s action, the court stated: “[A]s to Count III and Count IV of the complaint, the court ... expressly determines that there is no just reason for delay and instructs the Clerk to enter final judgment, pursuant to Rule 54(b) ... in favor of defendants [Pepsi, Levin, Davis and GCC]_” J.A. at 418-19.

D. District Court’s Judgment as to Wuchich’s Action

On May 4, 1987, defendants in the Wuc-hich action filed a motion for summary judgment which was granted by the district court on June 9, 1987. The court found that Wuchich’s action (which paralleled Count IV of Knafel’s complaint) should be dismissed since her claim of intentional infliction of injury is likewise preempted under § 301 of the LMRA. As Wuchich’s action involved only this one claim, the court’s grant of summary judgment in favor of defendants finally disposed of Wuc-hich’s case. Notice of appeal was jointly filed by Wuchich and Knafel on July 8, 1987.

II.

A.

Knafel first argues that the district court erred in deciding not to exercise jurisdiction over defendants GCC, Levin, and Davis as to Count I of her complaint for failure to name these defendants as respondents in her EEOC charge. We, however, conclude that we are without jurisdiction to rule on this issue.

Under 28 U.S.C. § 1291, courts of appeals have jurisdiction only over “final decisions of the district courts...” An appeal taken from a nonfinal judgment is beyond our jurisdiction and must be dismissed. See Liberty Mut. Ins. Co. v. Wetzel, 424 U.S. 737, 96 S.Ct. 1202, 47 L.Ed.2d 435 (1976). Moreover, even though the parties have not raised the issue, finality is a jurisdictional prerequisite for this court and[*1159] must be raised sua sponte. Id at 740, 96 S.Ct. at 1204.

Generally, a final judgment is defined as “one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911 (1945). See also Donovan v. Hayden, Stone, Inc., 434 F.2d 619 (6th Cir.1970); Koke v. Phillips Petroleum Co., 730 F.2d 211, 215 (5th Cir.1984). However, “[t]he term ... does not have a single fixed meaning.” McDonald v. Schweiker, 726 F.2d 311, 313 (7th Cir.1983). Rather, “the Supreme Court’s treatment of the finality doctrine seems to vacilate [sic] between dual approaches: on the one hand, suggesting that a final judgment is one that completely ends the litigation on the merits, on the other hand, eschewing such a rigid requirement of finality while reaffirming the importance of the rule.” Freeman v. Califano, 574 F.2d 264, 266-67 (5th Cir.1978) (per curiam).

While the contours of the finality doctrine are less than clearly defined, it is clear that since the district court here has not completely disposed of Knafel’s action as to Count I, no final judgment exists. The partial dismissal of all defendants except Pepsi from Count I was not certified under Rule 54(b). Moreover, the dismissal is neither collateral, see Stringfellow v. Concerned Neighbors in Action, 480 U.S. 370, 107 S.Ct. 1177, 94 L.Ed.2d 389 (1987), nor otherwise appealable as an interlocutory order under 28 U.S.C. § 1292. At the time of her appeal, Count I of Knafel’s action remained pending as against defendant Pepsi, and, consequently, no final or appealable judgment existed. Accordingly, we hold this aspect of Knafel’s appeal must be dismissed.

B.

Knafel also argues that the district court erred in holding her pendent state claims presented in Count III and Count IV of her complaint are preempted under § 301 of the LMRA, 29 U.S.C. § 185(a). However, we hold that since the district court did not set out its rationale for Rule 54(b) certification, this aspect of Knafel’s appeal should also be dismissed for lack of jurisdiction.

This court has made it clear that in entering a Rule 54(b) certification, the district court should explain the factors warranting certification. See Corrosioneering, Inc. v. Thyssen Environmental Systems, Inc., 807 F.2d 1279 (6th Cir.1986); Coalition For Equitable Minority Participation in Architectural Contracts in Tennessee v. Metropolitan Gov’t of Nashville, 786 F.2d 227 (6th Cir.1986) (hereinafter COMPACT); Solomon v. Aetna Life Ins. Co., 782 F.2d 58 (6th Cir.1986). In Solomon, we declared:

We acknowledge that the district court’s decision to certify a claim for immediate appeal under Rule 54(b) merits substantial deference. That deference, however, rests on the assumption that the district court undertook to weigh and examine the competing factors involved in the certificate decision. Certainly a proper exercise of discretion under Rule 54(b) requires the district court do more than just recite the 54(b) formula of “no just reason for delay. ”

Solomon, 782 F.2d at 61 (citations omitted, emphasis supplied).

Where the district court does not articulate the analysis guiding its certification, “any deference due the district court’s Rule 54(b) order is nullified, and ... due to a lack of finality we are without jurisdiction.” Id. at 62; see COMPACT, 786 F.2d at 231 (“We are unable to give deference to a conclusion totally devoid of supporting reasons_”). Moreover, even where the district court properly supports its certification, Rule 54(b) should not be used routinely, see Curtiss-Wright Corp. v. General Electric Co., 446 U.S. 1, 10, 100 S.Ct. 1460, 1466, 64 L.Ed.2d 1 (1980), but rather should be reserved for “the infrequent harsh case,” Panichella v. Pennsylvania R.R., 252 F.2d 452, 455 (3d Cir.1958), quoted in Solomon, 782 F.2d at 60, where certification serves the interests of justice and judicial administration. Id.; Curtiss-Wright Corp., 446 U.S. at 10, 100 S.Ct. at 1466 (“The court of appeals must, of[*1160] course, scrutinize the district court’s evaluation of [the factors supporting certification] so as to prevent piecemeal appeals in cases which should be reviewed only as single units.”) (emphasis supplied); see also COMPACT, 786 F.2d at 230; Solomon, 782 F.2d at 60.

In the present case, the district court’s order made no analysis of the factors relevant under Rule 54(b), but merely parroted the language of the Rule as expressly found inadequate in Solomon. As a result, we decline to defer to the court’s purported certification and hold that it is a nullity. Cf. Dougherty v. Parsec, Inc., 824 F.2d 1477 (6th Cir.), petition for cert. filed, (October 19, 1987) (where a district court’s certification of a finding of preemption under § 301 of the LMRA was found proper in light of “[its] thorough statement in support of [its] finding that there was ‘no just reason for delay.’ ”) (emphasis supplied).

In this connection, and being mindful of judicial economy, we again note that Count I (partial dismissal only) and Count II (no appeal) of Knafel’s complaint are still pending before the district court, and the eventual resolution of her claims may be appealed. Accordingly, our holding as to the purported certification of Counts III and IV will have the effect of preserving Knaf-el’s action for later appeal as “a unified package.” Corrosioneering, 807 F.2d at 1285 n. 5.

C.

Wuchich argues that the district court erred in granting defendants’ motion for summary judgment on her claim of intentional infliction of emotional distress and physical injury. As this was the only cause of action she alleged in her complaint, the district court completely disposed of Wuchich’s action by granting summary judgment in defendants’ favor and entering a final judgment dismissing her action. We therefore have jurisdiction of Wuchich’s appeal.

Wuchich’s complaint (like Count IV of Knafel's complaint) alleged that by reason of the work assigned to her, defendants intentionally caused Wuchich injury. As stated earlier, the district court concluded that this claim is preempted under § 301 of the LMRA.[6]

In Allis-Chalmers v. Lueck, 471 U.S. 202, 105 S.Ct. 1904, 85 L.Ed.2d 206 (1985), the Supreme Court addressed the issue of when and to what extent § 301 of the LMRA preempts a state law cause of action which touches upon a collective bargaining agreement. The Court first observed that where congressional authority to legislate exists (e.g., in the area of labor relations, pursuant to the commerce clause, see NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1, 57 S.Ct. 615, 81 L.Ed.2d 893 (1937)), Congress has the additional power to preempt state law under the supremacy clause of Article VI of the United States Constitution. Allis-Chalmers, 471 U.S. at 208, 105 S.Ct. at 1909. By enacting § 301, Congress has exercised its authority to “occupy the ... field,” at least in part, of labor law. Id.; cf. Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 67 S.Ct. 1146, 91 L.Ed. 1447 (1947) (warehouse regulation); Pacific Gas & Elec. Co. v. State Energy Comm’n, 461 U.S. 190, 103 S.Ct. 1713, 75 L.Ed.2d 752 (1983) (nuclear power plants). Thus, the “ ‘dimensions of § 301 require the conclusion that substantive principles of federal labor law must be paramount in the area covered by the statute [so that] issues raised in suits of a kind covered by § 301 [are] to be decided according to the precepts of federal labor policy.’ ” Allis-Chalmers, 471 U.S. at 209, 105 S.Ct. at 1910 (quoting Teamsters v. Lucas Flour Co., 369 U.S. 95, 103, 82 S.Ct. 571, 576, 7 L.Ed.2d 593 (1962)).

[*1161] Allis-Chalmers involved a state tort action for breach of an insurer’s duty to act in good faith and deal fairly with disability insurance claimants. Under the applicable state law, the bad-faith handling of an insurance claim was actionable in tort. The plaintiff in Allis-Chalmers brought a claim in state court, alleging that both his employer and insurer had exercised bad faith in handling his claim. The plaintiff, however, was a member of a union which had negotiated a collective bargaining agreement with his employer that provided for group health and disability plans. Additionally, the collective bargaining agreement established a grievance procedure which could apply in the event of disputes with the employer regarding disability plan payments. The agreement did not, however, explicitly impose a duty of good faith upon either the employer or the insurer.

The Supreme Court found that if “evaluation of the tort claim is inextricably intertwined with consideration of the terms of the labor contract[,]” then the state tort law is preempted. Allis-Chalmers, 471 U.S. at 213, 105 S.Ct. at 1912. The Court explained: “[W]hen resolution of a state-law claim is substantially dependent upon analysis of the terms of an agreement made between the parties in a labor contract, that claim must either be treated as a § 301 claim, or dismissed as pre-empted by federal labor-contract law.” Id. at 220,105 S.Ct. at 1916 (citing Avco Corp. v. Aero Lodge 735, 390 U.S. 557, 88 S.Ct. 1235, 20 L.Ed.2d 126 (1968)).

The Court held in Allis-Chalmers that the plaintiff’s claim was preempted, even though the collective bargaining agreement did not directly address the good faith issue. The Court stated that the right asserted by the plaintiff “derives from the contract,” Allis-Chalmers, 471 U.S. at 218, 105 S.Ct. at 1914, and thus “[u]nless federal law governs that claim, the meaning of the health and disability-benefit provisions of the labor agreement will be subject to varying interpretations, and the congressional goal of a unified federal body of labor-contract law would be subverted.” Id. at 220, 105 S.Ct. at 1915-16. Also, the Court found that as conversion of plaintiff’s claim into a state tort claim would allow plaintiff to avoid the arbitration provisions of the agreement, the “need to preserve the effectiveness of arbitration” counseled in favor of finding preemption. Id. at 219,105 S.Ct. at 1915; see Teamsters v. Lucas Flour Co., 369 U.S. 95, 105, 82 S.Ct. 571, 577, 7 L.Ed.2d 593 (1962).

In Allis-Chalmers, the Court was also careful to distinguish preemption under San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236, 79 S.Ct. 773, 3 L.Ed.2d 775 (1959), which applies to protect the National Labor Relations Board’s primary jurisdiction over unfair labor practice charges.

So-called Garmon pre-emption involves protecting the primary jurisdiction of the NLRB, and requires a balancing of state and federal interests. The present tort suit would allow the State to provide a rule of decision where Congress has mandated that federal law should govern. In this situation the balancing of state and federal interests required by Garmon pre-emption is irrelevant, since Congress, acting within its power under the Commerce Clause, has provided that federal law must prevail.

Id. at 214 n. 9, 105 S.Ct. at 1912 n. 9 (emphasis supplied). Although plaintiff in the present case relies on several Garmon preemption cases in her brief, as the above quote makes clear, those cases are inappo-site to considerations of preemption under § 301.

Recently, the Supreme Court has reaffirmed its Allis-Chalmers holding in International Bhd. of Elec. Workers v. Hechler, — U.S. -, 107 S.Ct. 2161, 95 L.Ed.2d 791 (1987).[7] In Hechler, the Court[*1162] reviewed the history of § 301 preemption and concluded that the issue in preemption cases is whether the plaintiffs claim “is sufficiently independent of the collective-bargaining agreement to withstand the preemptive force of § 301.” Id. 107 S.Ct. at 2167. In Heckler, the plaintiff brought an action in state court against her union, alleging a state tort claim for breach of the union’s alleged duty to provide union members with a safe place to work. The plaintiff, who was injured while working on an assignment that she felt was beyond the scope of her training, maintained that the union had a duty to ensure safe and adequate work security for its union members under state tort law.

The Supreme Court found plaintiff's claim preempted by § 301 because a court hearing her claim would necessarily have to determine:

[Fjirst, whether the collective-bargaining agreement in fact placed an implied duty of care on the Union to ensure that [plaintiff] was provided a safe workplace, and, second, the nature and scope of that duty, that is, whether, and to what extent, the Union’s duty extended to the particular responsibilities alleged by [plaintiff] in her complaint.

Id. at 2168. Thus, the Court held plaintiff’s claim is not “sufficiently independent” of § 301 to avoid federal law preemption. Id. See also Michigan Mut. Ins. Co. v. United Steelworkers of America, Local 2659, 774 F.2d 104 (6th Cir.1985) (per curiam), cited in Heckler, 107 S.Ct. at 2164.

Plaintiff Wuchich’s complaint in the present case alleges essentially that the conditions of her present employment are calculated to intentionally bring harm upon her. She, however, is protected by a collective bargaining agreement which (1) prohibits her employer from discriminating against her for activities engaged in for, or on behalf of, the union; (2) imposes restrictions on her employer regarding working conditions and transfer of employees; and (3) requires arbitration of any dispute regarding “the applicability or interpretation of [the agreement], or rights or obligations under any of its provisions, or the discharge or disciplining by the EMPLOYER of any person covered by [the agreement].” J.A. at 107. As a result, we conclude that plaintiff’s claim is “substantially dependent” upon analysis of the agreement and thus hold the claim preempted under § 301 of the LMRA. In our view, this holding has the effect of promoting the “uniformity and predictability” of interpretation of labor-contract disputes which Allis-Chalmers held is essential under § 301. Allis-Chalmers, 471 U.S. at 211, 105 S.Ct. at 1911. See also Martin v. Associated Truck Lines, Inc., 801 F.2d 246 (6th Cir.1986).

III.

In conclusion, we hold that we are without jurisdiction to address the partial grant of summary judgment as to Count I of plaintiff Knafel’s complaint for lack of a final judgment, and, further, that the district court’s purported certification under Rule 54(b) of its grant of summary judgment as to Counts III and IV of Knafel’s complaint is a nullity. Accordingly, plaintiff Knafel’s appeal is dismissed for lack of jurisdiction. However, as to plaintiff Wuc-hich’s appeal, we AFFIRM the judgment of the district court.

1

Case No. 83-3534A was the result of an action filed by Knafel, Wuchich, and other employees of the defendants, alleging that defendants engaged in sex discrimination, equal pay violations, and collective bargaining agreement violations. The case was settled by the entry of a consent decree on February 28, 1985, which provided in part that the defendants would not retaliate against plaintiffs for their participation in the action.

2

Ohio Rev.Code § 4123.90 (Anderson 1973) provides in relevant part that

no employer shall discharge, demote, resign, or take any punitive action against any employee because such employee filed a claim or instituted, pursued or testified in any proceedings under the workers’ compensation act for an injury or occupational disease which occurred in the course of and arising out of his employment with that employer.
3

Knafel has presented a claim that she was terminated without just cause to an arbitrator, who, on April 16, 1986, concluded that Pepsi had acted within its rights in discharging Knaf-el. The collective bargaining agreement restricts discharge to those supported by cause:

It is understood and acknowledged by both parties to this AGREEMENT that a very essential part of the business of the COMPANY is dependent on the high quality of the products produced, and for this reason, it is understood and agreed that dishonesty, carelessness, or incompetency shall be a cause for dismissal from employment. If requested by the employee, a hearing is to be held as to his discharge.

J.A. at 110.

4

The district court also stated that even if it had concluded these claims were not preempted, it would have declined, in the exercise of its discretion, to exercise its pendent jurisdiction over the state claims.

5

Fed.R.Civ.P. 54(b) provides:

When more than one claim for relief is presented in an action, ... or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties....
6

Section 301 provides:

Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties.

29 U.S.C. § 185(a).

7

We are aware that on June 6, 1988, the Supreme Court rendered its decision in Lingle v. Norge Div. of Magic Chef, Inc., — U.S. -, 108 S.Ct. 1877, 100 L.Ed.2d 410 (1988), from the decision reported at 823 F.2d 1031 (7th Cir.1987) (en banc). Among other things, Lingle raises the issue of whether a state tort claim of retaliatory discharge for filing a workers’ compensation claim was preempted under section 301. The Court held that the claim was not preempted as the state law claim could be resolved without interpreting the collective bar[*1162] gaining agreement, and, therefore, the state law claim was independent of the agreement for section 301 preemption purposes. Litigle has no bearing on Wuchich’s appeal, as conceded by counsel at oral arugment.

Concurrence in Part

CELEBREZZE, Senior Circuit Judge,

concurring in part and dissenting in part.

If the district court’s dismissals of Counts III and IV of plaintiff Knafel’s complaint were the only issues facing us in this case, I would have little difficulty joining in the majority’s determination that we are without jurisdiction over her appeal. Viewing Knafel’s appeal in isolation, I can discern no equitable or juridical concerns that would justify a departure from the normal procedure requiring Knafel to appeal these dismissals after ultimate termination of her case in the district court.[*1163] Under these circumstances, we would have no reason to acquiesce in the district court’s unexplained Rule 54(b) certification. See Corrosioneering Inc. v. Thyssen Envtl. Sys. Inc., 807 F.2d 1279 (6th Cir.1986); COMPACT v. Metropolitan Gov’t of Nashville, 786 F.2d 227 (6th Cir.1986); Solomon v. Aetna Life Ins. Co., 782 F.2d 58 (6th Cir.1986).

This case is complicated, however, by the presence of plaintiff Wuchich’s appeal.* I agree with the majority that the district court’s dismissal of Wuchich’s complaint should be affirmed; the intentional torts arising out of alleged retaliatory work assignments are preempted by section 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a) (1982). It appears to me, however, that as a practical matter, our decision on the merits of Wuchich’s claim will also be dispositive of Knafel’s appeal from the dismissal of Count IV, due to the similarity between the two. As the majority itself notes, the two claims are “parallel.” The plaintiffs were less cautious: in their motion to consolidate, they referred to their claims as “virtually identical.” The district court accordingly granted the motion and ordered consolidation. Finally, in dismissing Wuchich’s claim, the district court did not undertake a separate analysis, but instead explicitly relied on its reasoning in dismissing Knafel’s Count IV. Given that the two claims are so closely intertwined, it is difficult to imagine how our resolution of Wuchich’s appeal could be anything but dispositive of Knafel’s appeal from the dismissal of Count IV.

Under these circumstances, I believe that we should take this practical consideration into account and accept the district court’s Rule 54(b) certification, at least insofar as it implicates Count IV of Knafel’s complaint. I find little reason to remand Count IV to the district court when this court announces a dispositive holding in the very same appeal. Juridical concerns, therefore, counsel that we should accept jurisdiction and decide this aspect of Knafel’s appeal along with Wuchich’s. See Corrosioneering, 807 F.2d at 1283 (listing as one factor to be considered in reviewing a Rule 54(b) certification, “the possibility that the reviewing court might be obliged to consider the same issue a second time” (quoting Allis-Chalmers Corp. v. Philadephia Elec. Co., 521 F.2d 360, 364 (3d Cir.1975))).

Moreover, I do not believe that we should refrain from accepting jurisdiction over Knafel’s appeal solely on the ground that the district court failed to explain its Rule 54(b) order. To my knowledge this court has never held that the failure to explain a Rule 54(b) certification, standing alone, rises to the level of a jurisdictional defect. Rather, our analyses in Solomon, COMPACT, and Corrosioneering teach that upon finding the district court’s certification deficient, this court must independently review the relevant juridical and equitable considerations, insofar as they are disclosed by the record and elucidated by the parties, to determine whether the district court’s Rule 54(b) order is nonetheless salvageable. See Corrosioneering, 807 F.2d at 1284-85 (court undertakes an “independent analysis of the juridical and equitable concerns present in the instant case” (footnote omitted)); id. at 1285-86 (Nelson, J., dissenting) (concluding that in spite of the failure to explain, the court should exercise its jurisdiction); COMPACT, 786 F.2d at 230-31 (court finds it impossible to determine upon its independent review of the record, which issues as to which parties the district court’s Rule 54(b) order purported to finally decide); Solomon, 782 F.2d at 61-62 (finding that interest of justice would be better served if the appeal were presented as a “unified package”). Applying these principles to the instant case, I would accept jurisdiction over Knafel’s appeal from the dismissal of Count IV, since it will be effectively resolved by our decision on the merits of Wuchich’s appeal.

The decision to accept jurisdiction over Knafel’s appeal from the dismissal of[*1164] Count IY brings into question whether the court should also accept the remainder of Knafel’s appeal, i.e., the appeal from the dismissal of Count III. Having accepted half of the district court’s Rule 54(b) certification, considerations of judicial economy might indicate, in the proper case, that the court should take jurisdiction over the entire appeal. However, because the Supreme Court has already granted a writ of certiorari on the same issue, see Lingle v. Norge Div. of Magic Chef, Inc., 823 F.2d 1031 (7th Cir.) (en banc), cert. granted, — U.S. -, 108 S.Ct. 226, 98 L.Ed.2d 185 (1987), I see no reason for this court to take jurisdiction over the remainder of Knafel’s appeal. In my opinion, the district court is in as good a position as we are, if not better, to apply the Court's eventual decision in Lingle to this case in the first instance. Accordingly, I see no advantage in taking jurisdiction over Knafel’s appeal from the dismissal of Count III.

For the foregoing reasons, I concur in the majority’s decision not to accept jurisdiction over Knafel’s appeal from the dismissal of Count III and in the court’s disposition of Wuchich’s claim on the merits. However, I dissent from the court’s refusal to take jurisdiction over the appeal from the dismissal of Knafel’s Count IV; I would affirm that dismissal in accordance with our decision on the merits of Wuc-hich’s appeal.

In spite of the district court’s order consolidating Wuchich’s and Knafel’s cases, under Sixth Circuit precedent we clearly have jurisdiction over Wuchich’s appeal even though the district court did not certify it under Rule 54(b). See Kraft, Inc. v. Local Union 327, 683 F.2d 131 (6th Cir.1982) (per curiam); but see Trinity Broadcasting Corp. v. Eller, 827 F.2d 673 (10th Cir.1987) (per curiam); Huene v. United States, 743 F.2d 703 (9th Cir.1984).