Holcomb v. Bingham Toyota

871 F.2d 109 131 L.R.R.M. (BNA) 2043 , 111 Lab.Cas. P 56,054 , 4 Indiv.Empl.Rts.Cas. 499 Michael HOLCOMB, David Growdon, Richard Vizzolini, Bob Posch, Plaintiffs-Appellants, v. BINGHAM TOYOTA, a California Corporation, Byrum Bingham, Craig Tucker, Does I through X, Inclusive, Defendants-Appellees. No. 88-1752. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 15, 1989. Decided April 3, 1989. Michael E. Rowe, Joby Dupuis, Law Offices of Bennett, Sharpe & Dupuis, Fresno, Cal., for plaintiffs-appellants. Howard A. Sagaser, Jory, Peterson & Sagaser, Fresno, Cal., for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before CHOY, SNEED and NOONAN, Circuit Judges. SNEED, Circuit Judge: 1 Plaintiffs appeal from the district court's order granting defendants' removal petition and dismissing their complaint on the ground that it was preempted by Sec. 7 and Sec. 8 of the National Labor Relations Act (NLRA). See 29 U.S.C. Secs. 157 , 158 (1982). We reverse and remand and direct that this case be remanded to the state court from which it was removed. I. FACTS AND PROCEEDINGS BELOW 2 Appellants Holcomb,…