Sheet Metal Workers Pension Trust of Northern California v. Bay Area HVAC, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SHEET METAL WORKERS PENSION Case No. 19-cv-07976-VC

TRUST OF NORTHERN CALIFORNIA,

et al.,

ORDER GRANTING MOTION TO

Plaintiffs, DISMISS THIRD-PARTY

COMPLAINT

v. Re: Dkt. No. 22 BAY AREA HVAC, INC., et al., Defendants.

Local 104 moves to dismiss Bay Area HVAC’s third-party complaint for lack of subject- matter jurisdiction. Fed. R. Civ. P. 12(b)(1). Local 104 contends that Bay Area HVAC’s state- law misrepresentation claims are preempted under the doctrine announced in San Diego Building Trades Council v. Garmon, 359 U.S. 236 (1959), which provides that “[w]hen an activity is arguably subject to § 7 or § 8 of the [National Labor Relations Act], the States as well as the federal courts must defer to the exclusive competence of the National Labor Relations Board if the danger to state interference with national policy is to be averted.” Id. at 245. No typical preemption doctrine, Garmon safeguards the NLRB’s primary jurisdiction by displacing the subject-matter jurisdiction of federal and state courts. Longshoremen v. Davis, 476 U.S. 380, 391 (1986); Ethridge v. Harbor House Restaurant, 861 F.2d…