Garda CL Northwest, Inc., fka AT Systems, Inc. v. Lawrence Hill, et al.
Arbitration ERISA Takings LaborRelations JusticiabilityDoctri
Whether a state labor claim that requires the plaintiff to show that an employer acted with 'willfulness,' 'unreasonableness,' or other mental state, which can be resolved only through interpretation of the terms of the pertinent collective bargaining agreement, is preempted by section 301 of the Labor Management Relations Act
QUESTIONS PRESENTED (1) Whether a state labor claim that requires the plaintiff to show that an employer acted with “willfulness,” “unreasonableness,” or other mental state, which can be resolved only through interpretation of the terms of the pertinent collective bargaining agreement, is preempted by section 301 of the Labor Management Relations Act (“LMRA’). (2) Whether a state-law rule, which imposes a higher burden of proof for establishing waivers of wage-and-hour rights contained in_ collective bargaining agreements than it does for individual waivers of those same rights outside the collective bargaining context, is preempted by the National Labor Relations Act (“NLRA”).