§ 6.2.12 PREEMPTION UNDER THE NATIONAL LABOR RELATIONS ACT.

• Jurisdiction: Arizona

§ 6.2.12 Preemption Under the National Labor Relations Act. A tortious interference claim will be preempted if it requires determining whether alleged improper conduct constitutes an unfair labor practice under the NLRA.¹⁰⁴

In Chavez v. Copper State Rubber of Arizona,¹⁰⁵ Inc., a supervisor's tortious interference claim was preempted where the supervisor alleged that his employer discharged him because he refused to treat non-union employees more favorably than union employees. The court concluded that the claim was barred because it required the supervisor to establish conduct that constituted an unfair labor practice under the NLRA.¹⁰⁶

On the other hand, in Hill v. Peterson,¹⁰⁷ the court found that a physician's claim that his former employer tortiously interfered with his prospective business relations was not preempted by the NLRA because...