NOTE: FEDERAL LABOR LAW PREEMPTION OF STATE CLAIMS FOR TORTIOUS INTERFERENCE WITH CONTRACT AGAINST NONSIGNATORIES. Skip over navigation
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Copyright (c) 1992 Southern California Law Review
University of Southern California

NOTE: FEDERAL LABOR LAW PREEMPTION OF STATE CLAIMS FOR TORTIOUS INTERFERENCE WITH CONTRACT AGAINST NONSIGNATORIES.

March, 1992

Southern California Law Review

65 S. Cal. L. Rev. 1675

Author

ELLEN C. NACHTIGALL *

Excerpt

I. INTRODUCTION

Recently circuit courts have reached conflicting results as to whether employees' state law claims for tortious interference with a contract against nonsignatories are preempted by the federal labor laws. Such claims and related actions have arisen in a number of different contexts. In one case, for example, an employee brought a claim for tortious interference with contract against a nonsignatory alleging that he was fired because the nonsignatory requested that his employer discharge him in retaliation for the employee's Occupational Safety and Health Act ("OSHA") claim concerning the poor conditions at the nonsignatory's place of business. 1 In another recent case, Pan Am's in-house caterers brought a claim for tortious interference with contract against the independent catering company that replaced their services at the airline. 2 In a related action, a union brought a state law claim for tortious interference with contract against labor consultants, claiming that the consultants had deliberately and maliciously interfered with the union's prospective contractual relationship with the employer. 3 The general problem that arises with preemption of these state law claims is that if courts find that the claims are preempted, the claims are either dismissed, subjected to the exclusive jurisdiction of the National Labor Relations Board ("NLRB"), or subjected to the binding arbitration provided for in the collective bargaining agreement. However, when the claim is against a nonsignatory, these alternatives to judicial resolution may not be viable or satisfactory. In fact, preemption may leave the employee without any ...
 
 
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