Rodriguez

This appeal presents the question whether the National Labor Relations Act bars a wrongful discharge suit against a former employer.

Statement of the Case

Appellant, Raul Rodriguez, filed a complaint against respondent, Yellow Cab Cooperative, Inc., challenging the termination of his employment. Other causes of action having been dismissed, the two at issue were for wrongful discharge in violation of public policy and in violation of California Labor Code sections 1101 and 1102, which prohibit employers from interfering with the political activities of employees. Both causes of action alleged mental anguish and emotional distress suffered as result of respondent’s wrongful conduct.

Respondent moved for summary judgment on the theory, among others, that the National Labor Relations Act (NLRA) preempted the entire action. The trial court granted the motion. This timely appeal followed.

Statement of Facts

The facts pertinent to the issue we address are as follows. Appellant was employed by respondent from November 21, 1977, until his termination on October 19, 1982. During that time he received many warnings concerning refusal to convey passengers in violation of…