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Ninth Circuit:
No Federal Preemption Where Action Can Be Resolved Entirely Under State Law Without Resort to CBA
By a MetNews Staff Writer
The Ninth U.S. Circuit Court of Appeals yesterday held that the District Court lacked jurisidiction in an action by a woman against her employer, an ambulance service, for requiring that she remain on call during her meal breaks, declaring that the case was improperly removed from the Solano Superior Court and must be shipped back there.
The employer, Medic Ambulance Service, argued that the federal Labor Management Relations Act (“LMRA”) preempts at least one of the claims by plaintiff Meghan Silva, and District Court Judge Troy L. Nunley of the Eastern District of California agreed, denying a motion to remand. He declared that the LMRA controls where a right is asserted under a collective bargaining agreement (“CBA”).
A three-judge Ninth Circuit panel reversed, saying in a memorandum opinion:
“Silva’s claims are not preempted by the LMRA because they rise or fall on her allegation that Medic violated California Labor Code section 226.7 by requiring her to remain on call during rest periods….Consequently, the claimed right to relief is based on California law, not the CBA.”
The panel added:
“Although the CBA may be relevant to whether Medic required Silva to remain on call during rest periods, as Medic suggests, this ‘purely factual inquiry’ does not depend on interpretation of the CBA’s provisions….Indeed. Silva can establish that Medic required her to remain on call during rest periods without resort to the CBA’s provisions.”
The case is Silva v. Medic Ambulance Service, Inc., 20-16153.
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