National Security Fire & Casualty Company, Action Claim Service, Inc. and Aaron Timmins v. Ozier Hurst

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Congress provided for the possibility of a National Air Transport Adjustment Board, but no such body was ever formed.” (citation omitted)
• “[C]laims are not simply CBA disputes by 4 another name, and so are not preempted under this first step, if they just refer to a CBA-defined 5 right[.]”
• “Consistent with 1 claim arises entirely from or requires construction of a CBA”
• “The fact that a CBA provides a remedy or duty related to a situation 20 that is also directly regulated by non-negotiable state law does not mean the employee is limited to a claim based on the CBA.”
• “If a claim arises entirely from a right or duty of 23 the CBA—for example, a claim for violation of the labor agreement, whether sounding in contract 24 or tort—it is, in effect, a CBA dispute in state law garb, and is preempted.”
• “Our only job is to decide whether, as pleaded, the claim in 2 this case is ‘independent’ of the CBA in the sense of ‘independent’ that matters for preemption 3 purposes: resolution of the state-law claim does not require construing the collective-bargaining 4 agreement.” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).