Dall

MEMORANDUM **

Kristine Ann Dali and Donald R. Cooks, Jr. (“Appellants”) appeal the district court’s judgment dismissing their claims with prejudice and ruling that their state statutory claims were subject to the complete preemption doctrine of § 301 of the *447 Labor-Management and Relations Act 29 U.S.C. § 185 (a), which provides that federal law must govern claims founded directly on rights created by a collective bargaining agreement (“CBA”) or substantially dependent on interpretation of a CBA. Appellants now argue that their claims are not subject to § 301 preemption because they (i) are based on independent rights conferred by statute and not established by a CBA; and (ii) are not substantially dependent on interpretation of the CBA. Appellants also seek attorney’s fees for improper removal pursuant to 28 U.S.C. § 1447 .

After the expiration of a CBA, a labor dispute arose between a group of employers and their employees, who were members of the United Food & Commercial Workers International Union (the “Union”). The employers had previously formed a mutual aid pact whereby all signatories would lockout their employees in the event of a strike. After the Union called a…