Supreme Court of Texas.
INTERNATIONAL UNION et al., Petitioners,
JOHNSON CONTROLS, INC. & American Motorists Insurance Company, Respondents.
March 7, 1990.
Rehearing Overruled April 25, 1990.
Attorneys & Firms
*265 Dale B. Tillery, Dallas, for petitioners.
Lancaster Smith, Sr., Dallas, Jonathan C. Wilson, Dallas, for respondents.
Robert Sullivent filed suit against his employer, Johnson Controls, Inc. (Johnson), for wrongful discharge under the Texas Workers’ Compensation Act, article 8307c of that act.
Meanwhile, Sullivent’s union, the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), initiated grievance arbitration with Johnson to determine if termination of Sullivent’s employment constituted a breach of the collective bargaining agreement between Johnson and the UAW. A final arbitration award was issued in favor of Johnson.
Johnson filed a motion to dismiss Sullivent’s appeal. Relying on Thompson v. Monsanto Co., 559 S.W.2d 873, 876 (Tex.Civ.App.—Houston [14th Dist.] 1977, no writ), Johnson alleged that the arbitration decision in favor of Johnson preempts an action under the Texas Workers’ Compensation Act. The court of appeals granted the motion and dismissed the appeal.
We disapprove of the holding in Ruiz, 702 S.W.2d at 185. Therefore, Sullivent’s action under the Texas Workers’ Compensation Act is not preempted by the arbitration decision.
Accordingly, we grant the application for writ of error pursuant to Rule 133(b) of the Texas Rules of Appellate Procedure, and without hearing oral argument, a majority of the court reverses the judgment of the court of appeals and remands this cause to *266 that court for consideration of the points of error raised by Sullivent.