Patricia Burgos v. Southwestern Bell Telephone Co.

The Burgos family appeals the district court’s grant of summary judgment in favor of Southwestern Bell Telephone Co. on the basis that section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. §§ 141-187, preempts their intentional infliction of emotional distress claim. Finding no error, we AFFIRM.

I.FACTS

Oscar Burgos was employed by Southwestern Bell Telephone Co. (“Southwestern Bell”) for over nineteen years. In 1989, Burgos was a non-management employee with the title Communications Technician. He was a member of the labor organization Communications Workers of America, which…