At page 1286 Preemption of employment claims under section 30141 citing casesholding California's age discrimination statute creates mandatory employment right independent of any CBA and therefore is not preempted under section 301
- Calvin Barton v. House of Raeford Farms, Inc., 745 F.3d 95 (4th Cir. 2014).published (Since Chmiel’s independent contract claim concerns a job position governed by the collective bargaining agreement, it is completely preempted by section 301)
- Hendree v. UPS, Inc., No. 2:24-cv-01826 (E.D. Cal. Oct. 18, 2024).“california's age discrimination statute 13 creates a mandatory and independent state right which is not preempted by section 301”
- Nelson v. Foster Poultry Farms, 706 F. Supp. 3d 1007 (E.D. Cal. 2023).published Co., 860 F.2d 1514, 1517 (9th Cir. 5 1988) (finding no § 301 preemption of FEHA disability discrimination claim because the right not to be 6 discriminated against because of physical handicap is “defined and enforced under state law witho…
- Eric Rojas v. Mission Linen Supply, No. 2:22-cv-08639 (C.D. Cal. July 25, 2023).State antidiscrimination statutes are not generally preempted “because the right is defined and enforced under state law without reference to the terms of any collective bargaining agreement.” Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d…
- Tiahrt v. Aria Resort & Casino, LLC, 659 F. Supp. 3d 1140 (D. Nev. 2023).publishedBut the Ninth Circuit has explained that Caterpillar involved a job not covered by the union contract, Young v. Anthony’s Fish Grottos, 19 Inc., 830 F.2d 993, 998 (9th Cir. 1987), which is not true here. 32 Chmiel v. Beverly Wilshire Hotel…
- Brian Armstrong v. WB Studio Enter., Inc., No. 2:19-cv-09587 (C.D. Cal. Apr. 24, 2020).Co., 860 F.2d 1514, 1517 (9th Cir. 1988)); see also Humble v. Boeing Co., 305 F.3d 1004, 1010 (9th Cir. 2002) (“[A] CBA provision does not trigger preemption of a reasonable accommodation claim when it is only potentially relevant to the s…
- Michael Watkins v. Woodridge Prods., Inc., No. 2:19-cv-05821 (C.D. Cal. Feb. 27, 2020).Id. at 1285-86.
- Badalato v. Wish to Give Prod. LLC, No. 7:19-cv-00066 (E.D.N.C. Aug. 6, 2019).Accordingly, Barton is inapposite where the case stands for the proposition that a contract claim “concern[ing] a job position governed by [a] collective bargaining agreement” is completely preempted. 745 F.3d at 109 (quoting Chmiel v. Bev…
- Brown v. Potomac Elec. Power Co., No. 2017-1131 (D.D.C. Mar. 30, 2018).published See, e.g., Avedisian v. Quinnipiac Univ., 387 F. App’x 59, 62-63 (2d Cir. 2010) (“As [plaintiff] identifies no other ‘nonnegotiable rights’ pertaining to the tenure review process that were ‘conferred on [her] as a matter of state law,’ we…
- Klausen v. Warner Bros. Television, 158 F. Supp. 3d 925 (C.D. Cal. 2016).published (finding no § 301 preemption of FEHA age discrimination claim because the statute creates a “mandatory and independent state right)
Show 31 more citing cases
- Park v. Young Bros., 114 F. App'x 344 (9th Cir. 2004).unpublished(holding that a claim for intentional infliction of emotional distress was preempted where it arose out of the same conduct as a preempted contract claim)
- Valles v. Twentieth Century-Fox Film Corp., 103 F. App'x 100 (9th Cir. 2004).unpublishedSee, e.g., Jimeno v. Mobil Oil Corp., 66 F.3d 1514, 1522-28 (9th Cir.1995) (concluding that the LMRA did not preempt a state law claim for physical disability discrimination in employment brought under FEHA); Ramirez v. Fox Television Stat…
- Schrader v. Noll Mfg. Co., 91 F. App'x 553 (9th Cir. 2004).unpublished(finding no § 301 preemption of FEHA age discrimination claim because the statute creates a “mandatory and independent state right)
- Somerville v. Longview Fibre Co., 64 F. App'x 42 (9th Cir. 2003).unpublished (assessing an intentional infliction of emotional distress claim)
- Perez v. Proctor & Gamble Mfg. Co., 161 F. Supp. 2d 1110 (E.D. Cal. 2001).publishedSee Jimeno, 66 F.3d at 1527 (holding the FEHA standard “provide[d] a means to determine ‘reasonable accommodation’ without reference to the CBA”); Ramirez, 998 F.2d at 748 (holding that “the rights conferred by the California Employment Ac…
- Hagens v. Rio Doce Pasha Terminal, L.P., 12 F. App'x 521 (9th Cir. 2001).unpublishedCo., Inc., 114 F.3d 892, 894-95 (9th Cir.1997); Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1286 (9th Cir.1989); Stallcop v. Kaiser Found.
- Salmons v. Prudential Ins. Co. of Am., 48 F. Supp. 2d 620 (S.D. W. Va. 1999).publishedDefendants cite Brentwood v. Boeing Co., 168 F.3d 498 , 1999 WL 50859 (9th Cir.(Wash.) Jan. 7, 1999) (citing Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1286 (9th Cir. 1989); Young v. Anthony’s Fish Grottos, Inc., 830 F.2d 993, 99…
- Michael Veta v. Am. Airlines, Inc., 107 F.3d 878 (9th Cir. 1997).unpublishedSee, e.g., Cook v. Lindsay Olive Growers, 911 F.2d 233, 238-39 (9th Cir.1990); Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1286 (9th Cir.1989). 14 Veta argues that Congress, in enacting the RLA, did not intend to completely divest…
- Beale v. GTE California, 999 F. Supp. 1312 (C.D. Cal. 1996).published(holding that Section 301 does not preempt a lawsuit alleging age discrimination in violation of state law)
- Paul Montag v. Aerospace Corp. J.R. Parsons, 94 F.3d 652 (9th Cir. 1996).unpublished Copper Co., 740 F.2d 1468, 1474 (9th Cir.1984)); see also Schlacter-Jones v. General Telephone, 936 F.2d 435, 440 (9th Cir.1991) (plaintiff's California state law claim for breach of implied contract preempted by section 301); Chmiel v. Be…
- Evelyn J. McCauley v. Fred Meyer Inc Gary Roeter, 67 F.3d 307 (9th Cir. 1995).unpublishedSee, e.g., Harris v. Alumax Mill Products, Inc., 897 F.2d 400, 403 (9th Cir.1990); Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1286 (9th Cir.1989); Newberry v. Pacific Racing Association, 854 F.2d 1142, 1146 (9th Cir.1988); Young…
- Wood v. Cnty. of Alameda, 875 F. Supp. 659 (N.D. Cal. 1995).published(federal labor law did not preempt plaintiff from bringing age discrimination claim under state law)
- Robert E. Thompson v. Johnson Grp. Al Phillips the Cleaner, Inc. Mel Shapiro Dawn Adamson Donna Cowart & Does I Through X, 5 F.3d 540 (9th Cir. 1993).publishedSee Lingle, 486 U.S. at 411-12 ; Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1286-87 (9th Cir.1989).
- Rosario Ramirez v. Fox Television Station, Inc., 998 F.2d 743 (9th Cir. 1993).published Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989) (Chmiel).
- Commodore v. Univ. Mech. Contractors, Inc., 839 P.2d 314 (Wash. 1992).published (holding California's age discrimination statute creates mandatory employment right independent of any CBA and therefore is not preempted under section 301)
- Leonardis v. Burns Int'l Sec. Servs., Inc., 808 F. Supp. 1165 (D.N.J. 1992).published Angst, 969 F.2d at 1536 ; Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989). *1176 Despite Plaintiffs claims to the contrary, case law dictates that Section 301 preemption is appropriate on the Independent Contract C…
- Rodriguez v. United Airlines, Inc., 812 F. Supp. 1022 (N.D. Cal. 1992).published (the LMRA does not preempt plaintiff’s FEHA claim)
- Milne Employees Ass'n v. Sun Carriers, Inc., 960 F.2d 1401 (9th Cir. 1991).published See, e.g., Cook v. Lindsay Olive Growers, 911 F.2d 233, 238-39 (9th Cir.1990); Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1286 (9th Cir.1989); Young v. Anthony's Fish Grottos, Inc., 830 F.2d 993, 999 (9th Cir.1987). 32 Here, MEA…
- Richard B. Eldridge v. Felec Servs., Inc., 920 F.2d 1434 (9th Cir. 1990).published See, e.g., Cook v. Lindsay Olive Growers, 911 F.2d 233, 238-39 (9th Cir.1990); Jackson v. Southern Cal. Gas, 881 F.2d 638, 644 (9th Cir.1989); Chmiel v. Beverly Wilshire Hotel, 873 F.2d 1283, 1286 (9th Cir.1989); Newberry v. Pacific Racing…
- Cook v. Lindsay Olive Growers, 911 F.2d 233 (9th Cir. 1990).published Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989).
- No. 88-15741, 911 F.2d 233 (9th Cir. 1990).published Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989).
- Olivar v. Evenflo Juv. Furniture, 904 F.2d 41 (9th Cir. 1990).unpublishedYoung v. Anthony's Fish Grottos, Inc., 830 F.2d 993, 997-98, 999 (9th Cir.1987); Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1286 (9th Cir.1989); Newberry v. Pacific Racing Ass'n, 854 F.2d 1142, 1147 (9th Cir.1988) (citing Garibal…
- John Wayne Harris v. Alumax Mill Prods., Inc. Andrew Meyers United Steelworkers of Am., 897 F.2d 400 (9th Cir. 1990).published (finding preempted a claim for breach of the implied covenant of good faith and fair dealing)
- Martin Jimeno v. Mobil Oil Corp., 66 F.3d 1514 (9th Cir. 1995).published
- Arnulfo Gradilla v. Ruskin Mfg., 320 F.3d 951 (9th Cir. 2003).published
- Sanders v. Culinary Workers Union Local No. 226, 783 F. Supp. 531 (D. Nev. 1992).published
- Sanders v. Culinary Workers Union Local No. 226, 804 F. Supp. 86 (D. Nev. 1992).published
- Birch v. Pepsi Bottling Grp., Inc., 207 F. Supp. 2d 376 (D. Md. 2002).published
- Madison v. Motion Picture Set Painters & Sign Writers Local 729, 132 F. Supp. 2d 1244 (C.D. Cal. 2000).published
- Romero v. San Pedro Forklift, Inc., 266 F. App'x 552 (9th Cir. 2008).unpublished
- Perez v. Foster Poultry Farms, No. 1:22-cv-00691, 2024 WL 279112 (E.D. Cal. Jan. 25, 2024).
At page 1285 Reviewing removal jurisdiction and preemption under section 30128 citing casesfinding preemption where "alleged independent agreement is inconsistent with the express terms of the collective bargaining agreement ....
- Tiahrt v. Aria Resort & Casino, LLC, 659 F. Supp. 3d 1140 (D. Nev. 2023).publishedBut the Ninth Circuit has explained that Caterpillar involved a job not covered by the union contract, Young v. Anthony’s Fish Grottos, 19 Inc., 830 F.2d 993, 998 (9th Cir. 1987), which is not true here. 32 Chmiel v. Beverly Wilshire Hotel…
- Michael Watkins v. Woodridge Prods., Inc., No. 2:19-cv-05821 (C.D. Cal. Feb. 27, 2020).Id. at 1285-86.
- Brown v. Potomac Elec. Power Co., 306 F. Supp. 3d 194 (D.C. Cir. 2018).published(finding preemption where "alleged independent agreement is inconsistent with the express terms of the collective bargaining agreement ....)
- Brown v. Potomac Elec. Power Co., No. 2017-1131 (D.D.C. Mar. 30, 2018).published See, e.g., Avedisian v. Quinnipiac Univ., 387 F. App’x 59, 62-63 (2d Cir. 2010) (“As [plaintiff] identifies no other ‘nonnegotiable rights’ pertaining to the tenure review process that were ‘conferred on [her] as a matter of state law,’ we…
- Hernandez v. Creative Concepts, Inc., 862 F. Supp. 2d 1073 (D. Nev. 2012).publishedYoung, 830 F.2d at 999 (quotation omitted). “[N]ot every dispute concerning employment, or tangentially involving a provision of a collective-bargaining agreement, is pre-empted by section 301 or other provisions of the federal labor law.”…
- Broce v. ARCO Pipe Line Co., 28 F. App'x 653 (9th Cir. 2002).unpublishedSee Jimeno v. Mobil Oil Corp., 66 F.3d 1514, 1522 (9th Cir.1995); Ramirez, 998 F.2d at 748-49 ; Cook v. Lindsay Olive Growers, 911 F.2d 233, 240 (9th Cir.1990); Jackson v. Southern Cal. Gas Co., 881 F.2d 638, 644 (9th Cir.1989); Chmiel v.…
- Larranaga v. Nw. Defenders Ass'n, 4 F. App'x 391 (9th Cir. 2001).unpublishedClaims for breach of a collective bargaining agreement are preempted under the Labor Management Relations Act of 1947 (“LMRA”). 29 U.S.C. § 185 (2000); Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989).
- Young v. Lockheed Advanced Dev. Co., 141 F.3d 1183 (9th Cir. 1998).unpublishedChmiel v. Beverly Wilshire Hotel, 873 F.2d 1283, 1285-86 (9th Cir.1989). 22 Appellants argue that their contract-based claims are exempt from LMRA preemption because they are based on Lockheed's Human Resources Directives ("HRD") and not o…
- Harriet Rissetto v. Plumbers & Steamfitters Local 343, 94 F.3d 597 (9th Cir. 1996).publishedChmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989); Young v. Anthony’s Fish Grottos, Inc., 830 F.2d 993, 997 (9th Cir.1987).
- Paul Montag v. Aerospace Corp. J.R. Parsons, 94 F.3d 652 (9th Cir. 1996).unpublished Copper Co., 740 F.2d 1468, 1474 (9th Cir.1984)); see also Schlacter-Jones v. General Telephone, 936 F.2d 435, 440 (9th Cir.1991) (plaintiff's California state law claim for breach of implied contract preempted by section 301); Chmiel v. Be…
Show 16 more citing cases
- Swinford v. Russ Dunmire Oldsmobile, Incorp., 918 P.2d 186 (Wash. Ct. App. 1996).publishedChmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285-86 (9th Cir. 1989). 5 Because any independent agreement of employment concerning a job position covered by a CBA can be effective only as part of the CBA, the CBA controls.
- Jesse J. Lightning v. Roadway Express, Inc., 60 F.3d 1551 (11th Cir. 1995).published See McCormick v. AT & T Technologies, Inc., 934 F.2d 531, 534-37 (4th Cir.1991), cert. denied, 502 U.S. 1048 , 112 S.Ct. 912 , 116 L.Ed.2d 813 (1992); Cook v. Lindsay Olive Growers, 911 F.2d 233, 239-40 (9th Cir.1990); Douglas, 877 F.2d at…
- Park City Educ. Ass'n v. Bd. of Educ., 879 P.2d 267 (Utah Ct. App. 1994).published Retherford, 844 P.2d at 970 (citing Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285-86 (9th Cir.1989); Eitmann v. New Orleans Pub.
- Jerome R. Downey v. Gen. Interiors, Inc., Defendant-Counter-Claimant-Appellant, Sydney Woltkamp, Jerome R. Downey, Plaintiff-Appellee-Cross-Appellant v. Sydney Woltkamp, Defendant-Appellant-Cross-Appellee, Gen. Interiors, Inc. Defendant-Counter-Claimant-Appellant-Cross-Appellee. Jerome R. Downey v. Gen. Interiors, Inc. Sydney Woltkamp, 19 F.3d 26 (9th Cir. 1994).unpublishedAllis-Chalmers Corp. v. Lueck, 471 U.S. 202, 210 (1985); Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989).
- Rosario Ramirez v. Fox Television Station, Inc., 998 F.2d 743 (9th Cir. 1993).published Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989) (Chmiel).
- Leonardis v. Burns Int'l Sec. Servs., Inc., 808 F. Supp. 1165 (D.N.J. 1992).published Angst, 969 F.2d at 1536 ; Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989). *1176 Despite Plaintiffs claims to the contrary, case law dictates that Section 301 preemption is appropriate on the Independent Contract C…
- Sieu Mei Tu v. S. Pac. Transp. Co., 967 F.2d 591 (9th Cir. 1992).unpublishedChmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989). 17 Under the well-pleaded complaint rule, federal jurisdiction exists only if a federal question is presented on the face of a complaint.
- Boyle v. MTV Networks, Inc., 766 F. Supp. 809 (N.D. Cal. 1991).publishedChmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989); Young v. Anthony’s Fish Grottos, Inc., 830 F.2d 993, 997 (9th Cir.1987); Sullivan, 813 F.2d at 1372 ; Federal Civil Procedure Before Trial ¶ 2:714 (Rutter Group 1990…
- Cook v. Lindsay Olive Growers, 911 F.2d 233 (9th Cir. 1990).published Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989).
- No. 88-15741, 911 F.2d 233 (9th Cir. 1990).published Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1285 (9th Cir.1989).
- People of California v. Trans World Airlines, Inc., 726 F. Supp. 785 (S.D. Cal. 1989).published Id.; Caterpillar Inc. v. Williams, 482 U.S. 386 , 391 n. 4, 107 S.Ct. 2425, 2429, n. 4 , 96 L.Ed.2d 318 (1987); Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1287 (9th Cir.1989).
- David W. Jackson v. S. California Gas Co. Claudia Dodson Lois Durfee Mary Moore Jean Bish Betty Shattery Pat Shattery, 881 F.2d 638 (9th Cir. 1989).published
- United Comput. Sys., Inc. v. AT & T Corp., 298 F.3d 756 (9th Cir. 2002).published
- Retherford v. AT & T Commc'ns of the Mountain States, Inc., 844 P.2d 949 (Utah 1992).published
- Bloom v. Universal City Studios, Inc., 734 F. Supp. 1553 (C.D. Cal. 1990).published
- Grandison v. Wackenhut Servs., Inc., 514 F. Supp. 2d 12 (D.D.C. 2007).published
At page 1287 holding § 301 preempted employee’s state claims and case was properly removed even if he was not entitled to a “for cause” standard or access to the grievance procedures under the collective bargaining agreement2 citing cases
- Hernandez v. Denver Post, No. 98-1302 (10th Cir. July 29, 1999).unpublished(holding § 301 preempted employee’s state claims and case was properly removed even if he was not entitled to a “for cause” standard or access to the grievance procedures under the collective bargaining agreement)
- People of California v. Trans World Airlines, Inc., 726 F. Supp. 785 (S.D. Cal. 1989).published Id.; Caterpillar Inc. v. Williams, 482 U.S. 386 , 391 n. 4, 107 S.Ct. 2425, 2429, n. 4 , 96 L.Ed.2d 318 (1987); Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283, 1287 (9th Cir.1989).
Other citing cases
- Sellar v. Woodland Park Zoological Soc'y, No. 2:23-cv-00627 (W.D. Wash. Aug. 23, 2023).
v.
BEVERLY WILSHIRE HOTEL COMPANY; Regent International Hotels, Ltd., Defendants-Appellees
Frank Chmiel appeals from the order of the district court denying his motion to remand to state court and granting the Beverly Wilshire Hotel Co. (BWHC) and the Regent International Hotels, Ltd. (RIH) motions to dismiss.
Chmiel contends that the case was improperly removed. He argues that each of the causes of action alleged in his complaint was created by state law and was not completely preempted by section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a) (1982).
I.
Chmiel was employed by BWHC as a bellman in the Beverly Wilshire Hotel from 1956 to 1985. He was a member of Local 11 of the Hotel Employees and Restaurant Employees Union, AFL-CIO, (Union). The terms of his employment were governed by a collective bargaining agreement negotiated between the Union and the Hotel-Restaurant Employers Council of Southern California (Council). The collective bargaining agreement specified that employees could be terminated only upon “just cause,” and established grievance procedures for “controversies pertaining to the application or interpretation” of the agreement.
In 1985, RIH acquired BWHC. RIH and the Union negotiated a sideletter agreement in which RIH agreed to assume the collective bargaining agreement between the Union and the Council provided that:
effective December 31, 1985, all employees employed at the Beverly Wilshire Hotel ... will be employed ... as probationary employees ... until April 30, 1986.... [A]s to all such probationary employees, ... [the] Company shall have the absolute right in its sole discretion to lay off or discharge ... and ... any probationary employee so laid off or discharged shall have no rights under the grievance procedure set forth in the ... [collective bargaining] Agreement.
Chmiel remained employed with the Beverly Wilshire Hotel until April 22, 1986. On that day, 8 days before the probationary period under the sideletter agreement lapsed, RIH discharged him.
Chmiel brought an action against BWHC and RIH in the Superior Court of California in which he pleaded five causes of action arising under California law. Three of the causes of action sounded in tort: wrongful discharge in violation of California public policy against age discrimination, breach of the implied covenant of good faith and fair dealing, and intentional infliction of emotional distress. The fourth cause of action sounded in contract. Chmiel claimed BWHC and RIH breached an express or implied in-fact agreement that he would not be discharged except upon a showing of good cause. The fifth cause of action was for age discrimination in violation of Cal. Gov’t Code § 12941 (West Supp.1988).
BWHC and RIH removed this action to the district court pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1982). Chmiel moved to remand the action to state court. He argued that his causes of action did not arise under federal law and were independent of the collective bargaining agreement. BWHC and RIH also moved to dismiss Chmiel’s complaint claiming that his state law causes of action were preempted by federal law. The district court denied Chmiel’s motion to remand. The district court granted the defendants' motions to dismiss each of the causes of action as completely[*1285] preempted by section 301. In addition, the district court dismissed the complaint with leave to amend for failure to state a claim under the collective bargaining agreement. On January 5, 1987, the complaint was dismissed with prejudice because Chmiel failed to amend his complaint to state a claim under the collective bargaining agreement.
II.
“We review the denial of a motion to remand an action to state court for want of removal jurisdiction de novo.” Young v. Anthony’s Fish Grottos, 830 F.2d 993, 996 (9th Cir.1987) (citations omitted).
As we recently explained in Young:
Even when federal law preempts state law, a state law claim may not be removed unless federal law also supplants it with a federal claim. The federal claim requirement arises from the limitations on removal jurisdiction contained in 28 U.S.C. § 1441. If the plaintiff could not have asserted a federal claim based on the allegations of her state law complaint, she could not have brought the case originally in federal court as required for removal jurisdiction under section 1441. In that case, preemption would be merely asserted as a defense. Thus, to remove a state law claim to federal court under the complete preemption doctrine, federal law must both completely preempt the state law claim and supplant it with a federal claim.
Id. at 997 (citations omitted) (emphasis added); accord Hunter v. United Van Lines, 746 F.2d 635, 643 (9th Cir.1985) (“removal is improper when federal law simply displaces state law without replacing the state cause of action with a federal one”) cert. denied, 474 U.S. 863, 106 S.Ct. 180, 88 L.Ed.2d 150 (1985).
To decide whether the district court erred in denying Chmiel’s motion to remand, we must determine whether each of Chmiel’s causes of action are completely preempted by federal law.
“The preemptive force of section 301 is so powerful as to displace entirely any state cause of action for violation of a collective bargaining agreement.” Paige v. Henry J. Kaiser Co., 826 F.2d 857, 861 (9th Cir.1987) cert. denied, - U.S. -, 108 S.Ct. 2819, 100 L.Ed.2d 921 (1988) (citing Franchise Tax Bd. v. Constr. Laborers Vacation Trust, 463 U.S. 1, 23, 103 S.Ct. 2841, 2853, 77 L.Ed.2d 420 (1983)). “[S]ection 301 preempts any individual labor contract inconsistent with a collective bargaining agreement in order to assure uniform federal interpretation of the collective agreement.” Young, at 1001 (citing Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 211, 105 S.Ct. 1904, 1911, 85 L.Ed.2d 206 (1985)). Additionally, it preempts “claims which are substantially dependent on analysis of a collective bargaining agreement.” Paige at 861 (citation omitted).
However, “ ‘[n]ot every dispute concerning employment, or tangentially involving a provision of a collective-bargaining agreement, is pre-empted by section 301 or other provisions of the federal labor law.’ ” Id. at 863 (quoting Allis-Chalmers, 471 U.S. at 211, 105 S.Ct. at 1911). “[A] claim is not preempted if it poses no significant threat to the collective bargaining process and furthers a state interest in protecting the public transcending the employment relationship.” Young, at 1001; (citing Garibaldi v. Lucky Food Stores, 726 F.2d 1367, 1373-75 (9th Cir.1984), cert. denied, 471 U.S. 1099, 105 S.Ct. 2319, 85 L.Ed.2d 839 (1985)).
Chmiel’s contract cause of action is preempted by section 301. Chmiel alleges in his complaint that his employer, independently of the collective bargaining agreement, expressly or impliedly agreed that he would not be involuntarily terminated except upon a showing of good cause. This alleged independent agreement is inconsistent with the express terms of the collective bargaining agreement as modified by the sideletter agreement. Under the sideletter agreement, Chmiel was a probationary employee at the time of his discharge whom BWHC and RIH had “the absolute right in [their] sole discretion to ... discharge.” Moreover, the collective bargaining agreement provides that “[n]o employee covered[*1286] by this Agreement shall be ... allowed to enter into any individual contract or agreement with the Employer ... varying the conditions of employment contained [in the collective bargaining agreement].”
A claim based upon an independent employment contract is not completely preempted if it concerns a job not governed by a collective bargaining agreement. Young, at 998; see Caterpillar, Inc. v. Williams, 482 U.S. 386, 107 S.Ct. 2425, 2430-32 and 2431 n. 9, 96 L.Ed.2d 318 (1987) (“[plaintiffs] rely on contractual agreements made while they were in managerial or weekly salaried positions—agreements in which the collective-bargaining agreement played no part.”). Since Chmiel’s independent contract claim concerns a job position governed by the collective bargaining agreement, it is completely preempted by section 301. See Young at 997-999.
III.
Chmiel’s tort claim for breach of the implied covenant of good faith and fair dealing is also completely preempted under section 301. We held in Young that the implied covenant tort is waived where the collective bargaining agreement contains terms concerning job security. Id. at 1000. See also Paige at 861-862 (breach of implied covenant of good faith and fair dealing cause of action preempted because it places “in issue the terms of the collective bargaining agreement”).
IV.
Chmiel’s claim of intentional infliction of emotional distress resulting from the termination of his employment arises out of the same conduct which formed the basis of the contract claim. “As resolution of the claims is inextricably intertwined with the interpretation of the CBA, they are preempted.” Young at 1002 (citations omitted); See Newberry v. Pac. Racing Assoc., 854 F.2d 1142, 1149-50 (9th Cir.1988) (emotional distress claim arises out of discharge and cannot be decided without interpreting or analyzing the terms of CBA and is therefore preempted under section 301). The claim of emotional distress is preempted by section 301.
V.
Chmiel’s age discrimination claim for wrongful discharge in violation of California public policy and Cal. Gov’t Code § 12941, however, is not preempted by section 301. The California statute is in furtherance of the declared policy of prohibiting an employer from refusing “to hire or employ, or to discharge, dismiss, reduce, suspend, or demote any individual over the age of 40 on the ground of age.” Cal. Gov’t. Code § 12941.
California’s age discrimination law is a nonnegotiable right and applies to both unionized and nonunionized workers. Ackerman v. Western Elect. Co., Inc., 860 F.2d 1514, 1517 n. 2 (9th Cir.1988). The Supreme Court reiterated that the proper test for preemption is whether resolution of the state law claim requires interpretation of the collective bargaining agreement. Lingle v. Norge Div. of Magic Chef, Inc., - U.S. -, 108 S.Ct. 1877, 1882 n. 7, 100 L.Ed.2d 410 (1988) (“as long as state law claim can be resolved without interpreting the agreement itself, the claim is independent of the agreement for section 301 preemption purposes”).
We recently held that antidiscrimination statutes were not preempted by section 301 because the right is defined and enforced under state law without reference to the terms of any collective bargaining agreement. See Ackerman v. West. Elect. Co., Inc., 860 F.2d 1514, 1517-1518 (9th Cir.1988) (claim based on California Government Code § 12940 for discrimination because of physical handicap or medical condition not preempted by section 301 even where CBA contained general discrimination clause because right is defined and enforced under state law without reference to the terms of any collective bargaining agreement); Miller v. AT & T Network Sys., 850 F.2d 543 (9th Cir.1988) (Oregon’s antidiscrimination statute created a mandatory and independent state right which is not preempted by Section 301). Califor[*1287] nia’s age discrimination statute creates a mandatory and independent state right which is not preempted by section 301.
VI.
Chmiel argues that his action should not have been removed because federal law does not “supplant” or provide substitute remedies for his claims. “Although this court at one time stated that a case could not be removed to federal court on complete preemption grounds unless the federal cause of action relied upon provided the plaintiff with a remedy, this analysis has been squarely rejected by the Supreme Court.” Newberry, 854 F.2d at 1146 (citation omitted). Therefore, “we need only inquire whether [the] claim arose under section 301, thus permitting removal to federal court, although the plaintiff may have sought a remedy available only under state law.” Id. (citation omitted); see also Young, 830 F.2d at 998-99 (employer’s individual contract claim completely preempted and supplanted by a federal claim for breach of the CBA under section 301 even though Young’s probationary status might ultimately bar an effective remedy under the CBA).
Chmiel’s claim that he could not be terminated without a showing of good cause was properly removed to federal court. The collective bargaining agreement as modified by the side-letter agreement, sets forth the conditions for terminating a probationary employee. Chmiel’s union waived his implied covenant rights in the sideletter agreement when it agreed that he could be dismissed without just cause and without access to the grievance procedures. This court has found that “a union can waive the right of a probationary employee to the protection of California’s implied covenant tort.” Young, at 1001. Since Chmiel was covered by the CBA, his “implied covenant claim was preempted by section 301 even though [he] may have no comparable employment protection under the CBA.” Id. Therefore, the supplantation requirement is met and the claims can serve as a basis for federal removal jurisdiction.
CONCLUSION
The district court did not err in denying Chmiel’s motion to remand this matter to state court. The district court properly assumed removal jurisdiction over the contract claim, the implied covenant of good faith and fair dealing claim, and the emotional distress claim as causes of action completely preempted under section 301 because of the existence of a collective bargaining agreement.
The age discrimination claim is not preempted by section 301 because it alleges a violation of California public policy. We remand the age discrimination cause of action to the district court. The district court shall determine whether to retain pendent jurisdiction over the age discrimination claim or to remand it to state court.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.