Ben Carter v. Sheet Metal Workers' International Association and Local 85 Sheet Metal Workers' International Association

CLARK, Circuit Judge:

Defendant-appellant, International Union (International), appeals from a judgment awarding Plaintiff-appellee, Carter, $35,000 compensatory damages, $110,000 punitive damages, and $5,280 attorneys fees. 1 The sole issue we need address in this appeal is whether the basis of that award, a state tort claim for intentional infliction of emotional distress, is preempted by the provisions of the National Labor Relations Act under San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236, 79 S.Ct. 773, 3 L.Ed.2d 775 (1959). We hold that the state court action is preempted by §…