United States Ninth Circuit
Kobold v. Good Samaratin Redional Med. Ctr., 13-35528
In three consolidated appeals involving employees represented by labor unions who sought remedies under state law against their employers, the district court's grant of summary judgment to the employer is: 1) affirmed in the first appeal where, assuming Or. Rev. Stat. sections 652.120 and 652.615 conferred upon a nurse the right to receive premium pay for extra shifts worked, that right was substantially dependent on an analysis of the terms of a CBA in order to determine which shifts qualified for premium pay; 2) reversed in part in the second appeal where claims for violation of Or. Rev. Stat. section 652.610(4) (establishing time limits regarding CBA-authorized pay check deductions) and breach of fiduciary duty were not preempted; and 3) affirmed in the third appeal where judicial estoppel did not bar the plaintiff, a nurse practitioner, from arguing for remand to state court on the ground that a CBA did not govern a credentialing decision because the contrary position had been taken by the plaintiff's union, not the plaintiff herself, during arbitration.
Appellate Information
- Published 2016/08/09
Judges
- BERZON
Court
- United States Ninth Circuit