Elizabeth Bale and Jennifer Fife v. General Telephone Company of California, and Does 1-50

Bale and Fife seek damages from their former employer, General Telephone Company of California (General Telephone), for allegedly tortious conduct arising from General Telephone’s representations at the time of hiring. The district court, exercising removal jurisdiction, dismissed their state tort claims as preempted by federal labor law. Bale and Fife appeal the denial of their motions to amend the judgment and to remand their state claims to state court. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

Bale and Fife were hired by General Telephone on May 17 and June 3, 1982, respectively. Each alleges that at the time of hiring she was told that she would serve as a “temporary” employee for six months, and that at the end of six months her position would become “regular.” Under the governing collective bargaining agreement, a “temporary employee”

Agreement Art. VI § 14. “Regular” employees participate in benefit programs not open to temporary employees. Regular employees may be discharged only for cause and only pursuant to collective bargaining agreement procedures.

Bale and Fife allege that they were led to believe that the period of “temporary” employment…