In Melendez v. S.F. Baseball Associates LLC, the California Supreme Court provides a good review of LMRA premption

I know. I know. There is no such thing as a “good” review of LMRA preemption. Or any form of preemption come to think of it. You’re right. Don’t read this case. But if you MUST read a case about LMRA preemption, or want a solid backgrounder on it, you could do worse than Melendez v. S.F. Baseball Associates LLC (April 25, 2019), in which the California Supreme Court clearly discusses the two-stage test for determining whether LMRA preemption under Section 301 applies:

• Does the claim arise solely from independent state law, or is it based on the collective bargaining agreement (CBA)?

• To resolve the merits of the claim, is it necessary to “interpret” a CBA’s terms, or merely “reference” a CBA?

This really is a straightforward discussion of the issue. If you are dealing with this issue for the first time, it is a good place to start.

The prevailing plaintiffs were represented by Dennis F. Moss, of Moss Bollinger (Dennis F. Moss arguing) and Sahag Majarian II.