Somerville
Somerville v. Longview Fibre Co.
Opinion
Lead Opinion
MEMORANDUM **
Michael Somerville appeals the district court’s grant of summary judgment in favor of Defendant-Appellee Association of Western Pulp and Paper Workers, Local No. 817. 1 We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.
I
The district court correctly concluded that Somerville’s state law claims were preempted by Section 301 of the Labor Management Relations Act. Section 301 preemption is “complete preemption,” that is, a form of preemption “so powerful as to displace entirely any state cause of action” touching on the Labor Management Relation Act’s ambit. Firestone v. Southern Cal. Gas Co., 219 F.3d 1063 , 1065 (9th Cir.2000) (quoting Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal., 463 U.S. 1, 23 , 103 S.Ct. 2841 , 77 L.Ed.2d 420 (1983)). In Chmiel v. Beverly Wilshire Hotel Co., 873 *43 F.2d 1283 (9th Cir.1989), we noted that “section 301 preempts any individual labor contract inconsistent with a collective bargaining agreement.” Id. at 1285 (quoting Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 211 , 105 S.Ct. 1904 , 85 L.Ed.2d 206 (1985)); see also…