Hagens

Hagens v. Rio Doce Pasha Terminal, L.P.

Good Law
12 F. App'x 521
United States Court of Appeals for the Ninth CircuitJune 14, 2001No. 00-55224; D.C. No. CV-99-12845-SVWCalifornia412 words

Opinion

Lead Opinion

MEMORANDUM **

Telles Hagens appeals the district court’s dismissal of his state law cause of action against Rio Doce Pasha Terminal, L.P., (RDP) for breach of an implied contract and of the implied covenant of good faith and fair dealing. We affirm.

*522 When Hagens first obtained his job at RDP, it was pursuant to, and covered by, the provisions of a collective bargaining agreement (CBA) between that company and the International Longshore and Warehouse Union. His job continued to be so covered throughout his employment. When he was terminated, he grieved under the provisions of the CBA. Nevertheless, he also filed this action in state court and asserted that during his employment an implied contract, which provided that he would only be terminated for good cause, had sprung into being. However, the alleged implied contract claim is preempted. 1 See Aguilera v. Pirelli Armstrong Tire Corp., 223 F.3d 1010, 1014-16 (9th Cir.2000); Beals v. Kiewit Pac. Co., Inc., 114 F.3d 892, 894-95 (9th Cir.1997); Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1286 (9th Cir.1989); Stallcop v. Kaiser Found. Hosps., 820 F.2d 1044, 1048-49 (9th Cir.1987); Bale v. Gen. Tel. Co., 795 F.2d 775,…

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