§ 6.6.4.8 NLRA PREEMPTION.

JurisdictionArizona

§ 6.6.4.8 NLRA Preemption.76 A state law claim is preempted as a § 301 claim under the Labor-Management Relations Act (LMRA) "'when resolution of a state-law claim is substantially dependent upon analysis of the terms of an agreement made between the parties in a labor contract.…'"77 In Voilas v. General Motors Corp.78 the court found, "employees have the option of vindicating their interests by means of either a section 301 action or n action brought under state law, as long as the state-law action as pleaded does not require interpretation of the collective bargaining agreement." The Voilas court declined to preempt the claim made by nearly 200 plaintiffs alleging they had been induced to accept...

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