Screen Extras Guild, Inc. v. Superior Court

ARABIAN, J., Dissenting.

The majority opinion is, as Churchill once said of Russia, “a riddle wrapped in a mystery inside an enigma.” The majority proposes to hold that the wrongful discharge claims of plaintiff and real party in interest (hereafter plaintiff) conflict with, and are therefore preempted by, the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA or Act), 29 United States Code section 401 et seq. The riddle is to understand how a statute designed to hold union leaders accountable for their actions and to safeguard workers’ rights can be twisted to strip workers of all…