Cite as: 512 U. S. 246 (1994)
Syllabus
is not pre-empted if it involves rights and obligations that exist independent of the CBA. This standard is virtually identical to the preemption standard employed in cases involving § 301 of the LMRA. Given the convergence of the two standards, Lingle provides an appropriate framework for addressing RLA pre-emption, and its standard— that the existence of a potential CBA-based remedy does not deprive an employee of independent remedies available under state law—is adopted to resolve such claims. Elgin, J. & E. R. Co. v. Burley, 325 U. S. 711; Consolidated Rail Corporation, 491 U. S., at 302, distinguished. Pp. 252-266. (b) Under Lingle, Norris' state-law claims are independent of the CBA. Petitioners' argument that resort to the CBA is necessary to determine whether Norris was discharged for cause is foreclosed by Lingle's teaching that the issue whether an employer's actions make out the element of discharge under state law is a purely factual question. Similarly, Norris' failure to sign the maintenance record is not relevant to the determination of his state-law tort claims. P. 266. 74 Haw. 648, 847 P. 2d 263 (first case), and 74 Haw. 235, 842 P. 2d 634 (second case), affirmed.
Blackmun, J., delivered the opinion for a unanimous Court.
Kenneth B. Hipp argued the cause for petitioners. With him on the briefs were David J. Dezzani and Margaret C. Jenkins.
Susan Oki Mollway argued the cause for respondent. With her on the brief were Edward DeLappe Boyle, Marsha S. Berzon, Mark Schneider, and Laurence Gold. Richard H. Seamon argued the cause for the United
States as amicus curiae urging affirmance. On the brief were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, John F. Manning, and William Kanter.†
†Briefs of amici curiae urging reversal were filed for the State of New Jersey by Deborah T. Poritz, Attorney General, Andrea M. Silkowitz, Assistant Attorney General, and Eldad Philip Isaac, Deputy Attorney General; for the Air Transport Association of America by Charles A. Shanor, John J. Gallagher, and Margaret H. Spurlin; and for the National Railway Labor Conference by Ralph J. Moore, Jr., I. Michael Greenberger, and David P. Lee.
Briefs of amici curiae urging affirmance were filed for the State of Hawaii et al. by Robert A. Marks, Attorney General of Hawaii, and Steven
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