Ruscigno v. AMERICAN NATIONAL CAN COMPANY, INC.

Opinion

VOGEL (C. S.), P. J.

Introduction

Plaintiff Jim Ruscigno appeals from the judgment entered in favor of defendant American National Can Company, Inc., after defendant’s demurrer was sustained without leave to amend.1 Plaintiff’s suit arose out of the termination of his employment by defendant. Plaintiff alleged he was terminated because he testified unfavorably to defendant during an employee’s grievance proceeding held pursuant to a collective bargaining agreement. The trial court sustained defendant’s demurrer on the ground that plaintiff’s complaint is preempted by the National Labor…