MacHinists Automotive Trades District Lodge No. 190 v. Peterbilt Motors Co.

In this case, appellant unions asserted state law tort claims arising from defendants’ closure of a factory, following alleged misrepresentations about the possibility that the factory might be kept open. Respondents removed the action to federal court, where it was subsequently remanded to the Alameda County Superior Court, the federal court finding no cause of action which would render the case removable. (Mach. Auto. Trades Lodge 190 v. Peterbilt Motors (N.D.Cal. 1987) 666 F.Supp. 1352 .) The unions contend the lower court then erred in dismissing the claims on preemption grounds because of the exclusive jurisdiction of the National Labor Relations Board (NLRB). This case raises issues concerning federal labor law preemption of state law causes of action in a collective bargaining context, analogous to similar preemption questions which have recently been addressed by this court (Div. Two). (See Rodriguez v. Yellow Cab Cooperative, Inc. (1988) 206 Cal.App.3d 668 [ 253 Cal.Rptr. 779 ] [wrongful discharge suit brought by union organizer preempted by federal National Labor Relations Act].)

We conclude the trial court correctly dismissed the action since it was within the…