Luke

Luke v. Collotype Labels USA, Inc.

Good Law
159 Cal. App. 4th 1463·2008 Cal. App. LEXIS 223·72 Cal. Rptr. 3d 440
Court of Appeal of CaliforniaJanuary 18, 2008A116544California3,463 words

Opinion

Opinion

Ruvolo, J.

I.

INTRODUCTION

Richard B. Luke (Luke) appeals from a summary judgment in favor of Collotype Labels USA, Inc. (Collotype). Luke brought the underlying action for wrongful termination in violation of public policy against Collotype. The trial court granted Collotype’s motion for summary judgment on the basis that Luke’s claims were preempted by the National Labor Relations Act (NLRA). We affirm.

n.

PROCEDURAL BACKGROUND

Luke filed a complaint against Collotype in which he alleged two causes of action for wrongful termination in violation of public policy, one based on Labor Code section 923, and the other on section 232.5. Collotype filed a motion for summary judgment, based on the sole ground that both causes of action were preempted by the NLRA. The court granted the motion and entered judgment in Collotype’s favor, finding that the complaint alleged “nothing more than unfair labor practices that are preempted by federal law and, therefore, are not properly heard in this tribunal.” This timely appeal followed.

III.

FACTUAL BACKGROUND

The facts set forth in Collotype’s separate statement of material facts in support of its motion for summary judgment are…

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