Davis
Davis v. United Metro Materials Inc.
Opinion
Lead Opinion
*785 MEMORANDUM **
Will Davis II appeals from the district court’s order granting appellee United Metro Materials’ (“United Metro”) motions for judgment on the pleadings and summary judgment. Davis also challenges the district court’s denial of what the court construed to be a motion to amend his complaint. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Reviewing the matter de novo, we conclude that the district court properly held that Davis’s claims are preempted by Section 301 of the Labor Management Relations Act, as resolution of his claims would require interpreting Davis’s collective bargaining agreement (“CBA”). See Cramer v. Consol. Freightways, Inc., 255 F.3d 683 , 689, 691 (9th Cir.2001) (en banc). Davis offered no evidence to support his assertion that the relevant test was governed by federal regulations, rather than by the company’s standards as incorporated through the CBA. Nor has Davis shown that any of his other claims is “independent of rights under the collective-bargaining agreement.” Livadas v. Bradshaw, 512 U.S. 107, 123 , 114 S.Ct. 2068 , 129 L.Ed.2d 93 (1994) (quotation marks and citation omitted). The district court’s judgment was…