General Motors Corporation v. Bryant

Full title: GENERAL MOTORS CORPORATION, Plaintiff(s), v. NAPOLEON BRYANT, Defendant(s)

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Oct 21, 2005

Case Number. 05-73598 (E.D. Mich. Oct. 21, 2005)

Opinion

Case Number. 05-73598.

October 21, 2005

ORDER DISMISSING COMPLAINT

VICTORIA ROBERTS, District Judge

Plaintiff General Motors Corporation ("GM") brings this action against former employee Defendant Napolean Bryant. GM alleges that Bryant failed to return a $5,000.00 signing/transfer bonus that he received in accordance with a collective bargaining agreement, although Bryant was not entitled to retain the funds after he was terminated. GM alleges two state law claims: breach of contract and unjust enrichment. But, GM asserts that the Court has federal question jurisdiction under the Labor-Management Relations Act ("LMRA"), 29 U.S.C. § 185.

Section 185 of the LMRA allows employers to bring suits against labor organizations. It does not authorize suits against individual employees, and the Court is not aware of any other authority permitting such suits under § 185. Therefore, pursuant to FRCP 12(h)(3), the Court dismisses Plaintiff's complaint, sua sponte, for lack of subject matter jurisdiction. See Franzel v. Kerr Mfg. Co., 959 F.2d 628, 630 (6^th Cir. 1992) ("[S]ubject-matter jurisdiction may be raised at any time, by any party or even sua sponte by the court itself.").

IT IS SO ORDERED.