Thunderburk

Plaintiff Nattie Thunderburk appeals summary judgment entered against her and in favor of defendant United Food & Commercial Workers’ Union, Local 324 (Local 324). Plaintiff was formerly employed by Local 324 as a secretary. After Local 324 terminated her employment, she sued Local 324 for wrongful termination. Local 324 filed a motion for summary judgment, which the trial court granted on the ground plaintiff’s contract-based wrongful termination claims were preempted by the federal Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).

The trial court also denied plaintiff’s motion to amend her complaint to add a cause of action alleging wrongful termination in violation of public policy. The court determined that the proposed cause of action was also preempted by the LMRDA.

Plaintiff contends her contract-based wrongful termination causes of action are not preempted by the LMRDA because she was not a policymaking or confidential employee. She further contends her proposed tortious wrongful termination claim was not subject to preemption because it was not a “contract claim in other garb” but, rather, was based on a completely different theory based on…