Anthony Henry v. Laborers Local 1191

Though I join the majority’s opinion in Parts I, II, 111(A), (C), and (D), and IV(B), I write separately to dissent from Parts III(B) and IV(A) and the outcome of the case. I agree with the majority’s conclusion that the *298Labor-Management Reporting and Disclosure Act1 does not preempt plaintiffs’ Whistleblowers’ Protection Act (WPA)2 claims. But I respectfully dissent from the majority’s conclusion that the National Labor Relations Act (NLRA)3 does not preempt plaintiffs’ WPA claims. I conclude that plaintiffs’ WPA claims are arguably subject to the NLRA because plaintiffs’ reporting of…