Originally Posted by traderumor
What do you mean by "odds"? I'm not an attorney but it would seem that it either is or isn't preempted by Federal labor law and that would be a pretty easy call by a judge.
Yeah, it should be a pretty easy call, but the problem is that reasonable judges can come to different conclusions even when interpreting the same contract and same complaint.
The whole purpose of the preemption of claims that require interpreting a collective bargaining agreement, for instance, is to prevent judges in different jurisdictions from giving the contract different meanings. So, even if most judges would find that a contract says X (or that claim X is
preempted), another judge might decide the contract says Y (or that claim X is not