Ronnie Simmons v. Mark W. Vantrease, a Washington Resident Frito Lay, Inc., a Delaware Corporation, With Principal Place of Business in Texas

87 F.3d 1322 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronnie SIMMONS, Plaintiff-Appellant, v. Mark W. VANTREASE, a Washington resident; Frito Lay, Inc., a Delaware corporation, with principal place of business in Texas, Defendants-Appellees. No. 95-35301. United States Court of Appeals, Ninth Circuit. Submitted May 8, 1996. * Decided June 11, 1996. Before: LAY, ** CHOY, and LEAVY, Circuit Judges. 1 MEMORANDUM *** 2 Ronnie Simmons ("Simmons"), plaintiff-appellant, appeals from the district court's dismissal of his complaint with prejudice pursuant to Fed.R.Civ.P. 12(b)(6), arguing that the court erred in concluding that all of his state law claims against Vantrease and Frito-Lay Inc. ("Frito-Lay") were preempted by federal labor law. We affirm. 3 Simmons' claim for wrongful discharge is founded on alleged retaliation by the company for his union activities. This is precisely the type of action prohibited, and therefore preempted by § 8 of the National Labor…