Robert Hayden v. J.A. Reickerd, Michael Hernandez, Lockheed Missiles & Space Company, Inc., Lockheed Corporation

ORDER

The memorandum disposition filed December 19, 1991, is redesignated as an authored opinion by Judge Tang.

OPINION

Robert Hayden, a Lockheed Corporation employee and union steward, sued Lockheed and two of its management employees in state court for battery and retaliation. Lockheed removed the action to federal court and moved for summary judgment. The district court granted Lockheed and its management employees summary judgment, holding that federal labor law preempts Hayden’s state claims. Upon Hayden’s appeal, we vacate judgment and remand.

FACTS AND PROCEEDINGS

Hayden, a thirty-year employee of Lockheed, is an active member of the International Association of Machinists and Aerospace Workers, Local Lodge 2228 (“Union”). As a union steward, Hayden represented other Lockheed employees in grievance proceedings at Lockheed’s Sunnyvale, ■California plant. On February 15, 1988, Hayden and another union member met for a grievance procedure with defendant J.A. Reickerd, a Lockheed management employee. Lockheed alleges that during the meeting, Hayden used obscene language and called Reickerd a liar. Hayden alleges that Reickerd “abruptly terminated the meeting, grabbed…