Knafel V. Pepsi Cola Bottlers Of Akron Inc‪.‬

Plaintiff-appellant Jean Knafel ("Knafel") 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 Wuchich ("Wuchich") appeals the judgment of the district court granting defendants-appellees' 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).