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MATTER OF McLANE v. AT&T, INC.

7612. 654315/15.

166 A.D.3d 455 (2018)

89 N.Y.S.3d 6

2018 NY Slip Op 07686

In the Matter of Brian McLane, Appellant, v. AT&T, Inc., et al., Respondents, et al., Defendant.

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

Decided November 13, 2018.

We find that plaintiff's claims are preempted by federal law, pursuant to Labor Management Relations Act § 301 (29 USC § 185), as they require interpretation of a collective bargaining agreement.

Plaintiff's breach of contract claim is premised on his assertions that the parties agreed, as part of his employment contract, that he would be covered by AT&T's collective bargaining agreement (CBA) with a local union, with protections including that plaintiff...

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