What is the test for a cause of action for wrongful discharge under the LMRA?

MultiRegion, United States of America

The following excerpt is from Raya v. Maryatt Industries Corp., 940 F.2d 1535 (9th Cir. 1991):

Applying these principles, in Paige v. Henry J. Kaiser Co., 826 F.2d 857, 863 (9th Cir.1987), cert. denied, 486 U.S. 1054 (1988), we found that an employee's cause of action for wrongful discharge, stemming from his discharge for raising complaints about workplace safety, was not preempted by the LMRA. The court reasoned: "State health and safety standards benefit all employees as individual workers, not because they are or are not members of a collective bargaining association. And California's interest in providing this private cause of action is the enforcement of the underlying statute or regulation, not to regulate the employment relationship." Id.

Other Questions


What are lawyer's and expert fees to the prevailing party in cases brought under a cause of action created by other causes of action? (MultiRegion, United States of America)
Does wrongful demotion constitute a cause of action for constructive discharge? (MultiRegion, United States of America)
Is a wrongful death a cause of action for personal injury to the beneficiary of the action? ("New York", United States of America)
Does a federal district court have retained jurisdiction for a state cause of action for wrongful death when the federal cause was dismissed? (MultiRegion, United States of America)
Can a retaliation action against an inmate for filing a grievance be used as a cause of action under the First Amendment? (MultiRegion, United States of America)
Can a tort cause of action be considered duplicative in the context of a breach of contract action? ("New York", United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Can an arbitration decision be entered into a wrongful discharge action? (MultiRegion, United States of America)
What is the test for probable cause probable cause of action in a case where a suitcase was found to contain contraband at an airport? (MultiRegion, United States of America)
Can a claim be struck against Her Majesty The Queen on the grounds that, as now pleaded, it discloses no cause of action and may prejudice or delay the fair trial of the action? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.