Ward

We consider whether federal labor law preempts union members’ state law tort claims. Six employees (the “Workers”) claim their employer, Circus Circus Casinos, Inc. (“Circus”), committed torts against them. The district court granted summary judgment in favor of Circus, holding that the Workers’ claims were preempted by Section 301 of the Labor Management Relations Act (“LMRA”), the parties’ Collective Bargaining Agreement (“CBA”) and the Nevada Industrial Insurance Act. The district court also denied the Workers’ motion to amend their complaint and granted costs and attorney’s fees in favor of Circus.

We have jurisdiction under 28 U.S.C. § 1291 . We reverse the district court’s grant of summary judgment, affirm the denial of the motion to amend, and remand with instructions to remand to state court.

I

During the relevant time period, the Workers were employed by Circus and were members of a labor union. The 1997-2002 CBA between Circus and Local Joint Executive Board of Las Vegas governed the Workers’ terms of employment. The CBA provided that union representatives may communicate with employees regarding union business so long as such activities do “not interfere with the…