Bliss v. Stow Mills, Inc.

786 A.2d 815, 146 N.H. 550, 86 I.E.R. Cas. (BNA) 1248, 2001 N.H. LEXIS 129
CourtSupreme Court of New Hampshire
DecidedJune 27, 2001
DocketNo. 99-264
StatusPublished
Cited by8 cases

This text of 786 A.2d 815 (Bliss v. Stow Mills, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bliss v. Stow Mills, Inc., 786 A.2d 815, 146 N.H. 550, 86 I.E.R. Cas. (BNA) 1248, 2001 N.H. LEXIS 129 (N.H. 2001).

Opinion

BRODERICK, j.

The plaintiff, Robert Bliss, appeals the decision of the Superior Court (Arnold, J.) dismissing his claim against the defendant, Stow Mills, Inc. (Stow Mills), for wrongful discharge. The superior court granted the defendant’s motion to dismiss for lack of subject matter jurisdiction on the basis that the federal Surface Transportation and Assistance Act of 1982 (STAA), codified at 49 U.S.C. §§ 31101 et seq. (1996 & Supp. 2000), preempts New Hampshire common law claims for wrongful discharge. We reverse and remand.

The following facts are not disputed. Stow Mills, located in Chesterfield, is a wholesale distributor of natural foods and employed the plaintiff as a truck driver for approximately ten years before he was discharged in 1994. In November 1993, Stow Mills’ drivers held their annual meeting to select delivery routes. The plaintiff selected a route called the “Hadley Run #312.” This route required the plaintiff to deliver products to stores in Massachusetts and Connecticut.

The trucking operations of Stow Mills are governed by the STAA and the Federal Motor Carrier Safety regulations. See 49 U.S.C. § 31136. In particular, the federal regulations prohibit truck drivers from driving “[f]or any period after having been on duty 15 hours following 8 consecutive hours off duty.” 49 C.F.R. § 395.3(a)(2). On numerous occasions, the plaintiff notified Stow Mills that Hadley Run #312 could not be completed within the federally regulated fifteen-hour time frame. According to the plaintiff, Stow Mills responded by blaming him for being unproductive. Shortly before the 1994 annual drivers’ meeting, the plaintiff told Stow Mills he would no longer drive Hadley Run #312 and would report to authorities what he considered to be federal violations. The plaintiff alleges that Stow Mills retaliated by wrongfully terminating his employment.

The plaintiff brought suit, alleging a common law claim for wrongful discharge and a claim under the Whistleblowers’ Protection Act, see RSA ch. 275-E (1999 & Supp. 2000). The trial court dismissed the latter claim based upon the plaintiff’s failure to exhaust administrative remedies. Subsequently, the trial court dismissed the plaintiff’s wrongful discharge claim, ruling that the STAA preempts it. The sole issue on appeal is whether the trial court’s preemption ruling is erroneous as a matter of law.

[552]*552The STAA was enacted in 1983 and required the United States Department of Transportation Federal Highway Administration to establish extensive safety regulations for long-haul drivers and motor carriers. See 49 U.S.C. § 31136. The principal purposes of the statute and its regulations are to promote the safe operation of commercial carriers on interstate highways and to protect the safety of commercial carrier drivers. See 49 U.S.C. § 31131(a).

In order to encourage the reporting of safety violations, the STAA affords drivers who refuse to break the law or drive vehicles they believe to be unsafe some degree of protection from retaliatory actions by employers. See Brock v. Roadway Express, Inc., 481 U.S. 252, 258 (1986); 49 U.S.C. § 31105. Section 31105 of the STAA states:

(a) Prohibitions. — (1) A person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms, or privileges of employment, because
(A) the employee, or another person at the employee’s request, has filed a complaint or begun a proceeding related to a violation of a commercial motor vehicle safety regulation, standard, or order, or has testified or will testify in such a proceeding; or
(B) the employee refuses to operate a vehicle because —
(i) the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle safety or health; or
(ii) the employee has a reasonable apprehension of serious injury to the employee or the public because of the vehicle’s unsafe condition.

An employee who alleges a violation of subsection (a) “may file a complaint with the Secretary of Labor not later than 180 days after the alleged violation occurred.” 49 U.S.C. § 31105(b). Section 31105 provides the procedures to be followed should an employee file such a complaint. The defendant argues that section 31105 provides the only means of redress for an employee alleging wrongful discharge and that any similar state law claim is preempted by the federal statutory scheme. The defendant also argues that the plaintiff’s claim cannot lie because it is premised upon a public policy created solely by the federal statute. We reject the latter argument, as our case law makes clear that the public policy violated by a wrongful [553]*553discharge “can be based on statutory or nonstatutory policy.” Cilley v. N.H. Ball Bearings, Inc., 128 N.H. 401, 406 (1986).

“State law is preempted under the Supremacy Clause of the United States Constitution where: (1) Congress expresses an intent to displace state law; (2) Congress implicitly supplants state law by granting exclusive regulatory power in a particular field to the federal government; or (3) state and federal law actually conflict.” Disabilities Rights Center, Inc. v. Comm’r, N.H. Dept. of Corrections, 143 N.H. 674, 676 (1999).

As in Mason v. Smith, 140 N.H. 696 (1996), the defendant does not argue that the STAA contains an explicit statement preempting state law claims based upon wrongful discharge. Rather, the defendant contends that the STAA’s specific statutory procedures for filing a complaint and the remedies available under section 31105 implicitly preempt state law. Implied preemption

may be inferred from a scheme of federal regulation so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it, or where an Act of Congress touches a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject.

English v. General Electric Co., 496 U.S. 72, 79 (1990) (quotations, ellipses and brackets omitted).

In Mason, we held that a state law tort claim for wrongful filing of an involuntary bankruptcy petition is preempted by section 303(i) of the United States Bankruptcy Code. See Mason, 140 N.H. at 701.

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786 A.2d 815, 146 N.H. 550, 86 I.E.R. Cas. (BNA) 1248, 2001 N.H. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bliss-v-stow-mills-inc-nh-2001.