Stanfill

Stanfill v. Bremerton Metal Trades Council

Good Law
40 F. App'x 569
United States Court of Appeals for the Ninth CircuitJune 25, 2002No. 01-35397; D.C. No. CV-00-05106-JKACalifornia446 words

Opinion

Lead Opinion

*570 MEMORANDUM *

This case involves alleged violations of the bill of rights portion of the Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA”), 29 U.S.C. § 411 , as well as alleged Lability for the state tort of outrage.

Jackie Stanfill served as Alternate Safety Chair for Bremerton Metal Trades Council (“Bremerton Council”). After he was removed from that position, allegedly in retaliation for exercising his rights under 29 U.S.C. § 411 , Stanfill brought suit under 29 U.S.C. § 412 . The district court granted summary judgment in favor of defendants, after concluding that the LMRDA applied but that it was preempted by the Civil Service Reform Act of 1978 (“CSRA”), 5 U.S.C. §§ 7101-7135 .

Stanfill appeals, arguing that the LMRDA applies to defendants Bremerton Council and International Brotherhood of Electrical Workers, Local 574 (“Local 574”), which is Stanfill’s local union, and that the LMRDA is not preempted. 1 Additionally, he argues that the CSRA does not preempt his state-law outrage claim.

We conclude that the district court was correct that the LMRDA applies to defendant Bremerton Council. See Chao v. Bremerton Metal Trades Council, 294 F.3d 1114 , (9th…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.