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Batson v. Shiflett3/12/1992
ering the merits of the underlying labor dispute.
The Court cautioned that "it is essential that the state tort be either unrelated to employment discrimination or a function of the particularly abusive manner in which the discrimination is accomplished or threatened rather than a function of the actual or threatened discrimination itself." Id. at 305, 97 S.Ct. at 1066, 51 L.Ed.2d at 353 (footnote omitted). The jury is to be instructed that the employment discrimination issue should play no part in its determination of liability for damages, and the conduct complained of must be "outrageous" -- merely robust language or the clash of strong personalities is not enough to sustain state court jurisdiction. Finally, the state trial courts have the responsibility to assure that the damages awarded are not excessive.
The National Union and Batson rebut these Supreme Court holdings by quoting one sentence of Farmer stating that the Court found no preemption in that case because "the state-court tort action can be adjudicated without resolution of the 'merits' of the underlying labor dispute." Id. at 304, 97 S.Ct. at 1065, 51 L.Ed.2d at 353. The petitioners assert that the jury's finding on the tort claims here usurped the function of the NLRB and overruled the NLRB's decision on the merits of the labor dispute. However, a review of the Farmer Court's discussion of this issue clearly establishes that the petitioners quoted Farmer out of context.
While recognizing that " here is, to be sure, some risk that the state cause of action for infliction of emotional distress will touch on an area of primary federal concern," Id. at 303, 97 S.Ct. at 1065, 51 L.Ed.2d at 352, the Court went on to explain:
"Viewed, however, in light of the discrete concerns of the federal scheme and the state tort law, that potential
for interference is insufficient to counterbalance the legitimate and substantial interest of the State in protecting its citizens. If the charges in Hill's complaint were filed with the Board, the focus of any unfair labor practice proceeding would be on whether the statements or conduct on the part of Union officials discriminated or threatened discrimination against him in employment referrals for reasons other than failure to pay Union dues. Whether the statements or conduct of the respondents also caused Hill severe emotional distress and physical injury would play no role in the Board's disposition of the case, and the Board could not award Hill damages for pain, suffering, or medical expenses. Conversely, the state-court tort action can be adjudicated without resolution of the 'merits' of the underlying labor dispute. Recovery for the tort of emotional distress under California law requires proof that the defendant intentionally engaged in outrageous conduct causing the plaintiff to sustain mental distress. The state court need not consider, much less resolve, whether a union discriminated or threatened to discriminate against an employee in terms of employment opportunities."
Id. at 304, 97 S.Ct. at 1065-66, 51 L.Ed.2d at 352-53 (citations omitted). Thus, where the conduct at issue in the state litigation is said to be arguably prohibited by the NLRA and hence within the exclusive jurisdiction of the NLRB, as contended here, the critical inquiry in applying the Garmon rules is "whether the controversy presented to the state court is identical with that which could be presented to the Board," Belknap, Inc. v. Hale, 463 U.S. 491, 510, 103 S.Ct. 3172, 3183, 77 L.Ed.2d 798, 814 (1983), not whether there is a similarity of facts to be presented before the NLRB and the state court, or whether the same events and conduct gave rise to both an unf
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