4654 An action for wrongful termination in violation of public policy based on the allegation that fellow employees expressed to plaintiff their concerns about working conditions, and that plaintiff was terminated in retaliation for counseling them to keep records of problems they encountered and express their concerns to management is based on the claim that an employer interfered with the right of employees to act in concert for mutual protection and therefore is preempted by the federal National Labor Relations Act.CitationLUKE v COLLOTYPE (NLRA Preemption) 159 CA4 1463 [See: 29 USC 151 etseq; LabC 232.5; SD Unions v Garmon 359 US 236; Machinists v WI Employment 427 US 132; Haney v Aramark 121 CA4 623, T/AT 9/04]
|
|