Union Employees May Sue Employer Directly

Federal labor law does not preempt union members’ state tort claims against their employer, the Ninth Circuit rules. The case involves a workers’ meeting at a Las Vegas casino that was interrupted by security guards when the participants started chanting and shouting. The employees were ejected, and subsequently sued the company for assault and battery, false imprisonment, intentional and negligent infliction of emotional distress, negligent entrustment, and negligent hiring, training and supervision. In reversing the lower court’s decision in favor of the company, the Ninth Circuit ruled that since the tort claims did not require court interpretation of the collective bargaining contract, the lawsuit was not preempted by the Labor Management Relations Act. Ward v. Circus Circus Casinos Inc.