Price
Price v. Georgia-Pacific Corp.
Opinion
Opinion
Breyer, J.
MEMORANDUM AND ORDER
Now before the Court is defendant’s motion to dismiss plaintiffs complaint. This motion presents a single question: Is plaintiffs state law breach of contract claim preempted by section 301 of the Labor Management Relations Act (“LMRA”)? If plaintiffs claim is preempted, then the Court must dismiss the complaint. If the claim is not preempted, then the Court must remand the case to state court.
BACKGROUND
Plaintiff was employed by defendant Georgia-Pacific Corporation from 1962 until 1976 and again from 1977 until 1997. In August 1997, plaintiff was laid off from his position as a member of the road maintenance crew. At the time of the layoff, plaintiff was a member of the International Association of Machinists and Aerospace Workers, Local W-496. As a consequence of the layoff, defendant offered plaintiff a severance package, which he accepted in July 1998.
On August 8, 1998, defendant informed plaintiff that a front-end loader position had become available at Georgia-Pacific, and invited him to apply for the job. Plaintiff applied, and defendant offered the position to him on August 13, 1998. Upon his rehire, plaintiff returned his severance pay to…