Whitehurst v. United Healthcare Workers East, No. 18-2451 (2d Cir. 2019)Annotate this Case
In an action alleging that her employer and union engaged in disability-based discrimination under New York state law, plaintiff appealed the district court's judgment denying her motion to remand to state court.
The Second Circuit affirmed, holding that the district court properly denied plaintiff's motion for remand because all of her claims were preempted by section 301 of the Labor Management Relations Act. Section 301 governs claims founded directly on rights created by collective bargaining agreements, and also claims substantially dependent on analysis of a collective bargaining agreement. In this case, plaintiff's claims against the hospital defendants and the union were preempted because they were substantially dependent upon analysis of the collective bargaining agreement. The court considered plaintiff's remaining arguments and concluded that they were meritless. Accordingly, the court dismissed the complaint.