Madison v. Motion Picture Set Painters & Sign Writers Local 729
Opinion
Opinion
Morrow, J.
ORDER DENYING PLAINTIFF’S MOTION TO REMAND AND GRANTING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS
This case involves claims of racial discrimination by plaintiff Michael Madison against his union, the Motion Picture Set Painters and Sign Writers Local 729 (the “Union”). Madison commenced this action in Los Angeles Superior Court on October 22,1999, alleging causes of action for violation of the California Fair Employment & Housing Act (“FEHA”) and Article I, § 8 of the California Constitution. The Union timely removed on November 30, 2000, asserting that Madison’s “artfully pled” state law claims were preempted by § 301 of the Labor Management Relations Act (“LMRA”) and/or the duty of fair representation.
Madison contends that the action was improperly removed and seeks to have it remanded to state court on the basis that the court lacks federal subject matter jurisdiction. He asserts that his claims are not preempted because they involve neither the interpretation of a collective bargaining agreement (“CBA”) — as required for § 301 preemption — nor the duty of fair representation.
The Union opposes remand. Additionally, it seeks judgment on the pleadings, arguing that…