Federal Preemption of State Wrongful Discharge Actions

A discussion is presented of the possibility that state remedies for wrongful discharge actions may interfere with US federal labor law policy. Three elements of that policy are affected: 1. the National Labor Relation Board's primary jurisdiction over unfair labor practices, 2. preference for resolution of labor disputes through arbitration, and 3. application of a uniform federal law to collective bargaining agreements. A framework is proposed for determining which state-law actions should be preempted by federal labor law legislation and which should proceed as state actions. The most important threat that wrongful discharge actions pose is disruption of the collectively bargained grievance and arbitration procedures.