Snow

Plaintiff James Snow (“Snow”) originally filed his complaint for wrongful termination and for violation of his right to freedom of speech pursuant to Article I, section 2 of the California Constitution in the Orange County Superior Court on May 16, 1985. Defendant Bechtel Construction Inc. (“Bechtel”) subsequently removed this action on June 28, 1985 pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (a) and the Atomic Energy Act, 42 U.S.C. § 2011 et seq.

This matter is before the Court upon the motion of defendant Bechtel for judgment on the pleadings. Since Bechtel introduces facts outside of the pleadings, the Court treats the motion as one for summary judgment. Defendant’s papers notified plaintiff of such alternative motion treatment. Rule 12(b) and Rule 56 of the Federal Rules of Civil Procedure.

Bechtel contends that Snow’s claims are preempted by the Atomic Energy Act of 1954, 42 U.S.C. §§ 2011 et seq., and section 210 of the Energy Reorganization Act of 1974 as amended, 42 U.S.C. § 5851 . Alternatively, defendant argues that Snow’s claims are preempted by section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (a). Bechtel further…