The following excerpt is from Howerton v. EarthGrains Baking Cos., Inc., Case No. 1:13-cv-01397-AWI-SMS (E.D. Cal. 2013):
"Plaintiffs may not avoid removal by 'artfully pleading' their claims to omit references to preemptive federal law." Hyles v. Mensing, 849 F.2d 1213, 1215 (9th Cir. 1988). When federal law completely preempts the state law on which the claim relies, the case may be removed to federal court even if the complaint does not refer to the federal law. Id. A court must analyze the plaintiff's claims to determine whether they can only be resolved by reference to the provisions of the collective bargaining agreement. Id. at 1216. If the collective bargaining agreement defines the defendant's authority and the plaintiff's rights with regard to the claim, the claim is not independent of the collective bargaining agreement. Id.
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