Charles Davis v. ABM Industries Inc.

I. INTRODUCTION

19 Plaintiffs Charles Davis, Jonathan Nabago, Mohamed Bholat, Hasanjee Bholat, 20 Byron Williams, Chiragh Hussain, and Reginald Johnson worked as skycaps for 21 Defendant ABM Industries Incorporated. Plaintiffs are suing ABM and Plaintiffs’ 22 labor union, Defendant United Service Workers West (SEIU Local 1877) (“Union”), 23 for age discrimination and intentional infliction of emotional distress stemming from 24 ABM’s alleged failure to honor Plaintiffs’ seniority as provided for in the Collective 25 Bargaining Agreement (“CBA”) between ABM and the Union. 26 ABM moves pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6) to 27 dismiss Plaintiffs’ Complaint based on Labor Management Relations Act (“LMRA”) 28 1 preemption. (Mot. Dismiss (“Mot.”), ECF No. 10.) On September 7, 2021, the Court 2 took ABM’s motion under submission. (ECF No. 17.) Shortly thereafter, the Union 3 moved pursuant to Rule 12(c) for judgment on the pleadings, also based on LMRA 4 preemption. (Mot. J. Pleadings, ECF No. 19.) After carefully considering the papers 5 filed in support of and in opposition to the Motions, the Court deems both Motions 6 appropriate for…