Legal Definitions - White model

The White Model is a method used in labor law to determine whether a union member's state-law claim against their employer is preempted by federal law. This is done by examining whether state law allows the claim to be waived by a private contract.

For example, if a union member has a state-law retaliatory-discharge claim against their employer, the White Model would examine whether state law allows this claim to be waived by a private contract. If it does, then the claim is considered negotiable and is therefore preempted by federal law. If it is not waivable by private contract, then the claim is considered nonnegotiable and may not be preempted by federal law unless its resolution requires an interpretation of the collective-bargaining agreement.

The White Model is named after Rebecca Homer White, who proposed it in a law-review article in 1990.

Overall, the White Model is used to determine whether a state-law claim can be brought against an employer without violating federal law.