Bearden

MEMORANDUM *

Plaintiffs-appellants appeal the district court’s dismissal of their claim for inadequate rest periods under California law. We reverse.

Because the facts are known to the parties, we revisit them only as necessary.

Appellants did not object to the district court’s considering the memorandum issued by U.S. Borax, Inc. (“Borax”) to its employees and submitted to the court by Borax on the motion to dismiss. Because Appellants failed to object below, we choose not to reach their claim that the district court erred in considering the memorandum. Cf. United States v. Thornburg, 82 F.3d 886, 890 (9th Cir.1996).

Borax’s argument that preemption is required because of the dispute over whether the memorandum alters the parties’ collective bargaining agreement (“CBA”) is foreclosed by Jimeno v. Mobil Oil Corp., 66 F.3d 1514 (9th Cir.1995). In Jimeno , we held that where union acceptance of a “unilaterally adopted managerial policy” would constitute waiver of its members’ rights under state law, that policy does not constitute the necessary “ ‘clear and unmistakable’ evidence ... that such a waiv *586 er had been intended.” Id. at 1525 (quoting Lingle v. Norge Div. of Magic…