DANIEL PARIS v. MACALLISTER MACHINERY COMPANY, INC.; INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 324 - Articles

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DANIEL PARIS v. MACALLISTER MACHINERY COMPANY, INC.; INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 324

Posted by: Azya Thornton on May 14, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Carla D. Aikens, CARLA D. AIKENS, P.L.C., Detroit, Michigan, for Appellant.

Attorneys 2: ARGUED: Christopher R. Mikula, OGLETREE DEAKINS, PLLC, Birmingham, Michigan, for Appellee MacAllister Machinery Company.

Attorneys 3: ARGUED: Jacquelyne M. Zolynsky, ASHERKELLY, PLLC, Southfield, Michigan, for Appellee International Union of Operating Engineers.

Attorneys 4: ON BRIEF: Carla D. Aikens, CARLA D. AIKENS, P.L.C., Detroit, Michigan, for Appellant.

Attorneys 5: ON BRIEF: Christopher R. Mikula, Jeffrey A. Bove, OGLETREE DEAKINS, PLLC, Birmingham, Michigan, for Appellee MacAllister Machinery Company.

Attorneys 6: ON BRIEF: Jacquelyne M. Zolynsky, David J. Selwocki, ASHERKELLY, PLLC, Southfield, Michigan, for Appellee International Union of Operating Engineers.

Judge(s): CLAY, GIBBONS, and HERMANDORFER, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Flint

JULIA SMITH GIBBONS, Circuit Judge. This appeal arises from Daniel Paris’s action against his former employer, MacAllister Machinery Company, Inc., d/b/a Michigan CAT, and the International Union of Operating Engineers, Local 324. Paris sued MacAllister for alleged violations of the Family and Medical Leave Act (FMLA), Labor Management Relations Act (LMRA), and Michigan Elliott-Larsen Civil Rights Act (ELCRA). He also brought LMRA and ELCRA claims against the Union. The district court dismissed Paris’s LMRA claims against MacAllister and the Union because Paris failed to plausibly allege that the Union breached the duty of fair representation. And the court declined to exercise supplemental jurisdiction over Paris’s state law claims against both defendants. At the close of discovery, the court entered summary judgment for MacAllister on Paris’s FMLA claims. We affirm the district court’s decisions.

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