McCollum

Plaintiffs-appellants are private employees who belong to unions and whose employment is covered by collective bargaining agreements, They sued Oregon’s Labor Commissioner, Mary Roberts, seeking entitlement to the minimum rest periods Oregon law guarantees to nonunion employees. The district court granted summary judgment for the Commissioner. We now reverse and remand.

I.

Oregon Administrative Rule 839-20-050 provides:

Oregon Administrative Rule 839-20-100(1) provides:

Appellants, a class of union employees whose employment is covered by collective bargaining agreements, brought suit under 42 U.S.C. § 1983 . 1 They argued that excluding them from benefits solely on the basis of their union membership interfered with their collective bargaining rights under the National Labor Relations Act. Their complaint sought preliminary and permanent injunctions, and money damages.

The defendant Labor Commissioner argued that the plaintiffs lacked standing, and that the regulations did not impinge collective bargaining rights.

On cross-motions for summary judgment, the district court held that the NLRA did not preempt the Oregon regulations and it entered summary judgment for the…