Bender
Bender v. Fred Meyer Stores, Inc.
Opinion
Lead Opinion
MEMORANDUM **
Marsha Bender appeals the district court’s order dismissing her state law claims against Fred Meyer Stores, Inc., as preempted by Section 301 of the Labor Management Relations Act (“LMRA”) and denying her motion to remand the action to state court. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Audette v. ILWU, 195 F.3d 1107, 1110 (9th Cir.1999) (preemption); ARCO Envtl. Remediation v. Dep’t of Health and Envtl. Quality, Mont, 213 F.3d 1108, 1111 (9th Cir.2000) (denial of remand). We affirm.
Bender filed a state action under the Oregon labor code alleging the defendant failed to timely issue her final paycheck and therefore owed her a penalty. See OR. REV. STAT. §§ 652.140 & 652.150. Defendant removed the action to federal court claiming preemption, and Bender moved to remand.
The statute upon which Bender based her state action provides: “This section does not apply to employment for which a collective bargaining agreement otherwise provides for the payment of wages upon termination of employment.” OR. REV. STAT. § 652.140. Bender’s employment was governed by a collective bargaining agreement that contained a different provision for…