Alpha Beta, Inc. v. Superior Court

Rita Nahm was employed by Alpha Beta, Inc., from May 1980 through February 1982, and throughout that period was subject to a collective bargaining agreement between Local 870, Retail Clerks Union AFLCIO, and Alpha Beta. Several months after her employment terminated Nahm sued Alpha Beta and its supervisory employees Cole and Coppin, in respondent superior court, for damages for intentional infliction of emotional distress. Defendants moved for summary judgment upon the theory that Nahm’s tort action in respondent court was preempted by federal labor law. Respondent court denied defendants’ motion; defendants petitioned this court for a writ of prohibition or mandate; we summarily denied the petition. The Supreme Court granted hearing and retransferred the matter to us with directions to issue an alternative writ, referring to Beers v. Southern Pacific Transp. Co. (9th Cir. 1983) 703 F.2d 425 . We issued the alternative writ, and the matter has been argued and submitted to us for decision. We conclude that respondent court’s order was correct. Accordingly we vacate the alternative writ and deny the peremptory writ.

Nahm’s complaint in respondent court alleged in pertinent…