Linda Rovai-Pickett v. Hms Host, Inc.

MEMORANDUM

Linda Rovai-Pickett appeals pro se from the district court’s summary judgment in her action alleging, inter alia, that her employer wrongfully terminated her in violation of its collective bargaining agreement (“CBA”) with her union, and that the union breached its duty of fair representation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Bliesner v. Commc’n Workers of Am., 464 F.3d 910, 913 (9th Cir.2006) (summary judgment); Ramirez v. Fox Television Station, Inc., 998 F.2d 743, 747 (9th Cir.1993) (denial of motion to remand to state court). We affirm.

The district court properly denied Ro-vai-Pickett’s motion to remand her action to state court because Rovai-Pickett alleged state-law claims that were preempted by federal law. See Ramirez, 998 F.2d at 747-48 (state-law claims are preempted by § 301 of the Labor Management Relations Act if their resolution depends upon the meaning of a CBA, and removal of such claims is permissible); Stallcop v. Kaiser Found. Hosps., 820 F.2d 1044, 1048-49 (9th Cir.1987) (concluding that state-law claims were preempted by § 301).

The district court properly granted summary judgment on Rovai-Pickett’s hybrid fair…