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GRIFFITHS v. TRIANGLE SERVICES, INC.

59 A.D.3d 278 (2009)

873 N.Y.S.2d 583

ENID GRIFFITHS, Respondent, v. TRIANGLE SERVICES, INC., Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 19, 2009.

Plaintiff's defamation action is preempted by section 301 of the Labor Management Relations Act of 1947 (29 USC § 185), since the claim requires interpretation of a collective-bargaining agreement (CBA). Plaintiff asserts that Triangle (her employer) defamed her when it sent a copy of a letter terminating her employment to the union which represents her, while Triangle maintains that, although not explicitly stated in the CBA...

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