Roxanne Phillips Bassette v. Stone Container Corporation

Opinion by Judge HUG.

Appellant Roxanne Phillips Bassette (“Bassette”) brought suit against Appellee Stone Container Corp. (“Stone”), her former employer, for allegedly terminating her without good cause, in violation of Montana’s Wrongful Discharge From Employment Act, Mont.Code'" Ann. §§ 39-2-901 et seq. (1987) (‘WDA”). The district court granted Stone’s motion for summary judgment, finding Bas-sette’s claim preempted by the National Labor Relations Act (“NLRA”). Bassette appeals the district court’s granting of summary judgment. We affirm.

I. FACTUAL BACKGROUND

Bassette was employed by Stone, and its predecessors, at a papermill from 1981 until her discharge in February of 1988. Throughout her employment at Stone, Bas-sette was represented by The United Paper-workers International Union Local 885 (“Union”). The most recent collective bargaining agreement (“CBA”) between Stone and the Union was in effect from June, 1984 through May, 1987.

In 1987, when preliminary negotiations towards reopening the CBA failed, the agreement was terminated. After termination, Stone continued to abide by the terms of the expired CBA, pursuant to its duty to do so under the NLRA. The parties…