Lumper

Lumper v. Boeing Corp.

Good Law
77 F. App'x 946
United States Court of Appeals for the Ninth CircuitOctober 7, 2003No. 02-35554; D.C. No. CV-01-00151-WFNCalifornia562 words

Opinion

Lead Opinion

MEMORANDUM *

Arlene H. Lumper, Dennis L. Langan and Robin K. Nolan (“the appellants”) appeal the district court’s summary judgment in favor of Boeing Corporation (“Boeing”), their former employer. The appellants were for all relevant periods members of the International Association of Machinists and Aerospace Workers and covered by a collective bargaining agreement (“CBA”) with Boeing.

The appellants do not challenge the district court’s interpretation of their wrongful discharge claims as being subsumed by their claims under the Washington Law Against Discrimination (“WLAD”), and they have abandoned their negligent infliction of emotion distress claims. Their sole remaining claims are asserted under the WLAD.

Applying the test articulated in Jimeno v. Mobil Oil Corp., 66 F.3d 1514, 1523 (9th Cir.1995) and Miller v. AT & T Network Systems, 850 F.2d 543, 548 (9th Cir.1988), the district court concluded that Section 301 of the Labor Management Relations Act (“ § 301”), 29 U.S.C. § 185 , preempts the plaintiffs’ WLAD claims. The district court held that plaintiffs’ claims are substantially dependent on an interpretation of the CBA, and cannot be evaluated independent of Boeing’s…

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.