Richard B. Eldridge, and Kathleen A. Eldridge Richard N. Eldridge Vincent S. Eldridge v. Felec Services, Inc.

Richard B. Eldridge appeals the district court’s dismissal of his retaliatory discharge action founded on Alaska tort and contract law. Finding that Eldridge’s employment relationship was governed by a collective bargaining agreement, the district court held that the state law claim was preempted by federal labor law. We reverse and remand.

FACTS

Eldridge was an employee of Felec Services, Inc. until his dismissal. During the course of his employment, Eldridge suffered an injury from exposure to radio frequency radiation that made him “unavailable” for work for several weeks. Fe-lec Services contends that Eldridge was dismissed pursuant to a collective bargaining provision requiring dismissal under these circumstances. Eldridge claims that he was dismissed in retaliation for filing a workers’ compensation claim for his injuries.

Eldridge filed a complaint in state court alleging discharge in violation of public policy. Felec Services removed the case to *1436 federal court on diversity grounds. In district court Eldridge argued that his termination was in violation of public policy and thus a breach of the covenant of good faith and fair dealing implied by state law into every…

dissenting:

Richard B. Eldridge was exposed to radio frequency radiation on September 14, 1983, while employed by Felec Services, Inc. He was admitted to a hospital for observation between September 16 and 18, 1983, and subsequently underwent further medical observation. When he failed to report back to work after his personal leave expired on October 17, 1983, Felec fired him, claiming Eldridge failed adequately to notify the company of his inability to return to work. Because I believe that in light of these facts, Eldridge’s cause of action for breach of the covenant of good faith and fair dealing requires interpretation of the collective bargaining agreement and thus is preempted, I respectfully dissent.

To analyze whether federal law preempts a cause of action for breach of the covenant of good faith and fair dealing, we examine the collective bargaining agreement (CBA) to determine whether it contains terms governing job security; if it does, the claim is preempted. Cook v. Lindsay Olive Growers, 911 F.2d 233, 238-39 (9th Cir.1990).

Young v. Anthony’s Fish Grottos, Inc., 830 F.2d 993, 999 (9th Cir.1987) (citations omitted). See Jackson v. Southern California Gas Co., 881…

920 F.2d 1434 135 L.R.R.M. (BNA) 3202 , 59 USLW 2403 , 117 Lab.Cas. P 10,429 , 6 Indiv.Empl.Rts.Cas. 32 Richard B. ELDRIDGE, Plaintiff-Appellant, and Kathleen A. Eldridge; Richard N. Eldridge; Vincent S. Eldridge, Plaintiffs, v. FELEC SERVICES, INC., Defendant-Appellee. No. 89-35509. United States Court of Appeals, Ninth Circuit. Submitted May 8, 1990 * . Decided Nov. 28, 1990. Richard H. Friedman and Jeffrey A. Friedman, Friedman & Friedman, Anchorage, Alaska, for plaintiff-appellant. Mary K. Hughes, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, Alaska, for defendant-appellee. Appeal from the United States District Court for the District of Alaska. Before FARRIS, PREGERSON and BOOCHEVER, Circuit Judges. FARRIS, Circuit Judge: 1 Richard B. Eldridge appeals the district court's dismissal of his retaliatory discharge action founded on Alaska tort and contract law. Finding that Eldridge's employment relationship was governed by a collective bargaining agreement, the district court held that the state law claim was preempted by federal labor law. We reverse and remand. FACTS 2 Eldridge was an employee of Felec Services, Inc. until his dismissal. During the course of…