EMILIO M. GARZA, Circuit Judge:
In a consolidated appeal, Plaintiffs-Appellants contend that the district court erred in denying their motions to remand and in dismissing their workplace safety claims as time-barred. For the following reasons, we REVERSE the judgment of the district court and REMAND for further proceedings consistent with this opinion.
Defendant-Appellee Dresser, Inc., ("Dresser") is an industrial valve manufacturer with facilities in the state of Louisiana. Appellants all worked for Dresser at some point in the last four decades, their respective employments terminating at various times between 1977 and 2009. In 2010, Plaintiffs-Appellants Herbert Allen McKnight, Haben J. Lachney, and Foster L. Anderson, along with 42 other plaintiffs, filed three separate suits in Louisiana state court against Dresser. McKnight's and Lachney's complaints alleged that Dresser had been negligent in failing to maintain a safe workplace, and Anderson's complaint alleged negligence, strict liability, and fraudulent misrepresentation. In all three suits, Appellants claimed that Dresser failed to properly monitor and mitigate exposure to loud noise at Dresser's industrial facility, and that these failures led to long-term hearing loss. Appellants sought damages for these injuries.
Dresser removed the actions to federal court pursuant to § 301 of the Labor Management Relations Act ("LMRA"), which grants federal jurisdiction over state law claims that require interpretation of a collective bargaining agreement ("CBA"). Dresser asserted that the state court could not adjudicate Appellants' tort claims without interpreting the parties' CBA,
The district court adopted the recommendation of the magistrate judge and denied Appellants' motions to remand, citing Navarro v. Excel Corp., 48 Fed.Appx. 481 (5th Cir.2002) (per curiam) (unpublished) (holding that § 301 preempted plaintiff's state law claims because the parties' CBA imposed duties on the employer with regard to workplace safety, and the court would have to interpret the CBA to ascertain the employer's duties). The district court then granted Dresser's Rule 12(b)(6) motions to dismiss, concluding that Appellants' complaints were untimely under the applicable federal statute of limitations.
We review the district court's denial of Appellants' motions to remand, the propriety of removal under § 301, and the existence of subject matter jurisdiction as interrelated questions of law subject to de novo review. See Oviedo v. Hallbauer, 655 F.3d 419, 422 (5th Cir.2011) (citing Kollar v. United Transp. Union, 83 F.3d 124, 125 (5th Cir.1996)).
Appellants' primary contention on appeal is that the district court erred in relying on Navarro because this case involves non-waivable Louisiana workplace safety claims, rather than waivable Texas claims. Specifically, Appellants urge this court to adopt the reasoning of the Eastern District of Louisiana in Arceneaux v. Amstar Corp., No. 03-3588, 2004 WL 574718 (E.D.La. Mar. 22, 2004). See id. at *4 (holding that § 301 did not preempt Louisiana plaintiff's state workplace safety claims, even though the parties' CBA addressed workplace safety, because plaintiff was asserting independent, nonnegotiable state law rights). Dresser counters that this court's decision in Espinoza v. Cargill Meat Solutions Corp., 622 F.3d 432 (5th Cir.2010), is controlling. See id. at 442-44 (citing Navarro and holding that § 301 preempted Texas plaintiff's state workplace
Congress has dictated that federal courts have jurisdiction over all cases "arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. Additionally, the "well-pleaded complaint" rule requires that, for a federal court to have "arising under" jurisdiction, the plaintiff's federal law claims must appear on the face of the complaint. Merrell Dow Pharm. Inc. v. Thompson, 478 U.S. 804, 808, 106 S.Ct. 3229, 92 L.Ed.2d 650 (1986). Thus, if a complaint pleads only state law claims, a federal court generally does not have jurisdiction over that complaint, even if the defendant asserts preemption as an affirmative defense. Gutierrez v. Flores, 543 F.3d 248, 251-52 (5th Cir.2008).
However, the complete preemption doctrine presents a narrow exception to the well-pleaded complaint rule. See Johnson v. Baylor Univ., 214 F.3d 630, 632 (5th Cir.2000) ("Congress may so completely preempt a particular area that any civil complaint raising this select group of claims is necessarily federal in character.") (quoting Metro. Life Ins. Co. v. Taylor, 481 U.S. 58, 63, 107 S.Ct. 1542, 95 L.Ed.2d 55 (1987)). Unlike ordinary preemption, complete preemption is jurisdictional in nature, and "[a]s such, it authorizes removal to federal court even if the complaint is artfully pleaded to include solely state law claims ...." Id. (quoting Heimann v. Nat'l Elevator Indus. Pension Fund, 187 F.3d 493, 500 (5th Cir.1999)).
The Supreme Court has applied complete preemption in a small number of areas, one of which is cases involving § 301 of the LMRA. Avco Corp. v. Machinists, 390 U.S. 557, 88 S.Ct. 1235, 20 L.Ed.2d 126 (1968). Enacted by Congress to ensure uniformity in the interpretation of CBAs, § 301 provides:
29 U.S.C. § 185(a). In Teamsters v. Lucas Flour Co., 369 U.S. 95, 82 S.Ct. 571, 7 L.Ed.2d 593 (1962), the Court explained that, "in enacting § 301 Congress intended doctrines of federal labor law uniformly to prevail over inconsistent local rules." Id. at 104, 82 S.Ct. 571. Thus, any state court suit alleging violation of a labor contract must be brought under § 301 and resolved under federal law. See id. at 103, 82 S.Ct. 571. The Supreme Court has also held that § 301 preemption may apply to tort claims as well. See Allis-Chalmers, 471 U.S. at 210-11, 105 S.Ct. 1904. The Court in Allis-Chalmers reasoned that:
Id.
However, the Allis-Chalmers Court limited its holding to tort suits involving "state-law rights and obligations that do not exist independently of private agreements." Id. at 212-13, 105 S.Ct. 1904 ("[I]t would be inconsistent with congressional intent under that section to preempt
The narrow issue for our review is thus whether (1) Appellants' claims are "inextricably intertwined" with the CBA, in which case the district court was correct to deny Appellants' motion to remand, or (2) Appellants' claims are based on independent, non-negotiable state law rights, in which case the district court was without jurisdiction and erred in denying the motion to remand.
Appellants contend that Arceneaux v. Amstar Corp., No. 03-3588, 2004 WL 574718 (E.D.La. Mar. 22, 2004) provides the proper analysis. In Arceneaux, the plaintiffs brought Louisiana state law claims seeking damages for gradual hearing loss under LA.REV.STAT. § 23:13, which requires all Louisiana employers to provide a "reasonably safe" workplace. Id. at *1. The employer removed the case to federal court, asserting § 301 preemption. Id. The district court granted the plaintiffs' motion to remand, reasoning as follows:
Id. at *4. Appellants contend that they, like the plaintiffs in Arceneaux, brought independent claims under Louisiana law which the state court may adjudicate without interpreting the parties' CBA.
Dresser counters that this court's decision in Espinoza is dispositive. In Espinoza, the plaintiff brought a negligence claim under Texas law against her employer Cargill after suffering a hand injury while operating a company saw. Espinoza, 622 F.3d at 437. This court concluded that § 301 authorized removal of Espinoza's state law claim because ascertaining Cargill's duties and Espinoza's remedies would involve interpreting the terms of the CBA. Id. at 445. The Espinoza court explained that "the CBA [did] not `merely acknowledge [ ] Cargill's duty to provide a safe workplace for its employees'; instead, it help[ed] define that duty by mandating such things as plant inspections, safety committees for each shift, and the provision of safety equipment." Id. at 444. As Dresser notes, the CBA in the present case similarly contains specific duties such as the duty to provide safety equipment, to institute precautions, not to deduct pay for union safety representatives for time spent
However, the Espinoza court also found it significant that Espinoza had waived her state law claims, as Texas law allows. Id. at 443 ("[S]tate-law rights and obligations that do not exist independently of private agreements, and that as a result can be waived or altered by agreement of the parties, are pre-empted by those agreements.") (quoting Allis-Chalmers, 471 U.S. at 213, 105 S.Ct. 1904) (emphasis added). In this way, Appellants' Louisiana workplace safety claims are different from the Texas law claims in Espinoza.
Alternatively, Dresser contends that, even if the state law rights are independent, interpretation of the CBA is necessary because Louisiana law provides no "objective standard" for determining whether Dresser has provided a reasonably safe work environment. We disagree.
LA.REV.STAT. § 23:13. Second, a substantial body of Louisiana and Fifth Circuit case law applies § 23:13 and general tort principles to negligence claims in the complete absence of a CBA.
Lastly, Dresser expresses concern that, if we adopt the analysis presented in Arceneaux, all Louisiana safety claims arising under any CBA in Louisiana will be subject to state law analysis rather than a common body of federal law. These concerns are misplaced. The fact that Louisiana state law establishes non-negotiable rights and obligations with respect to workplace safety does not prevent employers and employees from contracting for other rights and obligations outside those found in Louisiana law, and enforcing them with a contract suit. If this takes place, § 301 will require that those claims be heard in federal court. Likewise, a tort claim that incorporates specific duties from a CBA may also be subject to removal under § 301, even if such a claim is labeled as a negligence claim. But where a plaintiff, like Appellants in this case, brings a negligence claim based on independent, non-negotiable state law rights, and his complaint neither refers to nor relies on the CBA, such a claim will not be subject to § 301 preemption.
In conclusion, Dresser owed Appellants duties under the CBA and simultaneously owed non-negotiable, independent duties under Louisiana tort law. These duties formed the bases for two distinct types of claims — contract and tort — either of which Appellants may have brought before the district court. Appellants chose to sue in tort, without reference to the CBA, and their claims may be adjudicated by sole resort to Louisiana tort law. Applying the Supreme Court's construction of § 301, the district court was without jurisdiction and therefore erred in denying the motions to remand and in granting the motions to dismiss. Accordingly, the judgment is REVERSED and REMANDED for proceedings consistent with this ruling.