Kofoed

Kofoed v. Shiprack

Good Law
200 F. App'x 646
United States Court of Appeals for the Ninth CircuitAugust 29, 2006No. 04-36121California1,087 words

Opinion

Lead Opinion

*647 MEMORANDUM **

Joseph Kofoed appeals the District Court’s grant of summary judgment in his slander suit against Steven Shiprack. Kofoed filed suit in state court alleging that Shiprack, a representative of Portland’s International Brotherhood of Electrical Workers (IBEW) union, made defamatory remarks about Kofoed to a Siemens Power Corporation hiring agent, with the result that Kofoed was not hired for a union job. Shiprack removed to federal district court pursuant to 28 U.S.C. §§ 1441 and 1446, and filed an answer claiming privilege as an affirmative defense. The District Court granted summary judgment to Shiprack on the basis that resolution of Kofoed’s slander claim requires interpretation of the collective bargaining agreement (CBA) between the union and Siemens, thereby converting Kofoed’s state law claim into a federal one under the complete preemption doctrine of § 301 of the National Labor Relations Act (NLRA). See 29 U.S.C. § 185 (a). Kofoed challenges the District Court’s finding of § 301 preemption and the resulting dismissal of his suit. We affirm.

I.

Whether § 301 of the NLRA preempts a claim is a question of law reviewed de novo. Humble v. Boeing, 305 F.3d…

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