United Airlines, Inc. v. Superior Court

Real parties Roger Terry and his wife filed this lawsuit against Terry’s employer, petitioner United Airlines, Inc., after United conducted a workplace investigation—prompted by the complaints of Terry’s female coemployees that they had been sexually assaulted and harassed. Terry and his wife claimed United’s investigation of these charges was tortious, and allowed them to sue United in state court for defamation, negligent and intentional infliction of “emotional harm,” and loss of consortium. United moved for summary judgment, asserting these state law tort claims regarding a workplace investigation of alleged employee misconduct were preempted by the federal Railway Labor Act (RLA) ( 45 U.S.C. § 151 et seq.). The trial court denied the motion.

We conclude, based upon our examination of relevant federal and state authorities, that these claims are in fact preempted by the RLA. (DeTomaso v. Pan American World Airways, Inc. (1987) 43 Cal.3d 517 [ 235 Cal.Rptr. 292 , 733 P.2d 614 ]; accord, Miller v. United Airlines, Inc. (1985) 174 Cal.App.3d 878 [ 220 Cal.Rptr. 684 ]; Magnuson v. Burlington Northern, Inc. (9th Cir. 1978) 576 F.2d 1367 ; Melanson v. United Air Lines,…