Dang

BACKGROUND

Khanh Dang filed a complaint in July 2014, against Maruichi for wrongful termination in violation of public policy. The complaint contained only cursory allegations, stating that Dang worked as a maintenance supervisor for Maruichi until it terminated his employment because he was involved in concerted activity, including attempts to join a union. Maruichi moved for summary judgment in August 2015, arguing primarily that Dang‟s claim was preempted by the NLRA. In support of the motion, Maruichi presented evidence that, in July 2013, it became aware of an effort by the United Steelworkers to organize employees at Dang‟s place of employment, Maruichi‟s Santa Fe Springs facility. The union won an election among Maruichi employees and was certified as their collective bargaining representative in September 2013. Prior to the election, Dang was discharged because, according to Maruichi‟s general manager, Maruichi employees indicated Dang‟s mistreatment of them was the reason they wanted to unionize. Dang opposed the motion for summary judgment, arguing that, as a supervisor, his employment was not subject to the NLRA. He asserted that he was fired for engaging in concerted…