9/08/2004

Prachasaisoradej v. Ralphs Grocery Co. 2d Dist. Case No. B165498

The court held that a claim arising from Ralphs' allegedly bad calculations of bonuses arising under the Labor Code and the UCL, and not under a CBA, were not preempted by section 301 of the LMRA and NLRA because the rights arising under the Labor Code are wholly independent of any rights provided by a CBA.

Dismissal is REVERSED and REMANDED.

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