LMRA preemption does not bar discrimination claim unless interpretation of CBA is required as part of the resolution of the cause of action.

The plaintiff filed a complaint in federal court alleging a hostile work environment and race discrimination. The plaintiff sought to invoke federal court subject matter jurisdiction by asserting a claim under the Labor Management Relations Act for an alleged breach of the collective bargaining agreement. In dismissing the claim, District Judge Rodriguez concluded that the cause of action did not require interpretation of the CBA; therefore, LMRA preemption did not apply since the principle cause of action was a violation of state law, not from the contract.

^{Case Law Alerts, 2nd Quarter, April 2019}

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