Defendant employers filed a motion for reconsideration of the judgment denying their motion to dismiss and/or for summary judgment of plaintiff former employees’ cause of action for misrepresentation to prospective employers of the terms, conditions, and manner of performance by plaintiffs of their employment with defendants. Defendants contended that the plaintiffs’ action was preempted by the National Labor Relations Act (NLRA). The California litigation attorney made a motion to protect the party’s interest.
Overview
The former employees filed an action in state court alleging, among other claims, that the employers misrepresented the terms, conditions, and manner of performance of their employment to prospective employers, preventing them from obtaining suitable employment, in violation of Cal. Lab. Code §§ 1050, 1054. The employers removed the action to federal district court and filed a motion to dismiss and/or for summary judgment, contending that the cause of action was preempted by the NLRA and was under the exclusive jurisdiction of the National Labor Relations Board. The court denied the motion with respect to the former employees’ misrepresentation claim. The employers filed a motion for reconsideration. The court granted the employers’ motion for reconsideration, vacated the judgment, and dismissed the claim as preempted by the NLRA. The court held that the former employees’ cause of action was preempted because it could be construed as stating a violation § 8(a)(1) of the NLRA, 29 U.S.C.S. § 158(a)(1).
Outcome
The court granted the employers’ motion for reconsideration, vacated the judgment, and dismissed the action of the former employees. The court held that the former employees’ cause of action was within the exclusive jurisdiction of the National Labor Relations Board because it could be construed as stating a violation of the NLRA.
