Charles Alongi v. Ford Motor Co. Environ, Inc.

BOGGS, Chief Judge.

The question that the parties have raised and briefed in this case is whether the plaintiffs’ amended complaint-which, on its face, asserts exclusively state-law causes of action — is pre-empted in whole or in part by the Labor-Management Relations Act, see 29 U.S.C. § 185, and/or the National Labor Relations Act, see 29 U.S.C. § 158. The district court held that two claims in plaintiffs’ amended complaint were pre-empted, and dismissed them in the belief that primary jurisdiction over these claims lay with the NLRB. It held that the other two claims were not preempted by…