Humble v. Boeing Co., 305 F.3d 1004 (9th Cir. 2002)
Su Humble, a union member who was employed as a fabrication bench mechanic for Boeing, suffered an on-the-job injury to her shoulder. After taking a series of medical leaves of absence over the course of approximately 15 months, Humble was told that there were no lightduty positions available to accommodate her alleged disability when she was ready to return to work. Humble sued Boeing, alleging violations of state and federal statutes prohibiting discrimination on the basis of disability, race and national origin. She also alleged state-law torts for intentional and negligent infliction of emotional distress. Boeing moved to dismiss Humble’s claims on the ground that they were preempted by and subject to the six-month statute of limitations period of Section 301 of the Labor Management Relations Act (LMRA). The district court granted Boeing’s motion for summary judgment, but the Ninth Circuit Court of Appeals reversed, holding that “the collective bargaining agreement terms do not inhere in the nature of Humble’s reasonable accommodation claim” and thus there was no preemption under Section 301.