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.