Does a state law action that is not related to a collective bargaining agreement have to be preemption?
MultiRegion, United States of America
The following excerpt is from Croston v. Burlington Northern R. Co., 999 F.2d 381 (9th Cir. 1993):
Yet state law actions are not necessarily preempted even if they relate in some way to the collective bargaining agreement. A claim may survive preemption if based upon a state law that establishes rights independent of entitlements under a collective bargaining agreement. McCall v. Chesapeake & Ohio Ry., 844 F.2d 294, 300 (6th Cir.), cert. denied, 488 U.S. 879, 109 S.Ct. 196, 102 L.Ed.2d 166 (1988).
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