Employment discrimination lawyer

Procedural Posture

Plaintiff union member appealed orders of the Superior Court of the City and County of San Francisco (California) granting demurrer and summary judgment to defendants, union and its officers, on a complaint that alleged defendants failed to adequately represent plaintiff in a grievance procedure.

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Overview

Plaintiff union member was discharged from her job and underwent a grievance procedure in which her private attorney and defendant union's representatives participated. The employer made an offer of settlement that included reinstatement, transfer, and back pay. Defendants, union and its officers, recommended the settlement but plaintiff declined on advice of counsel and requested arbitration. Defendant union did not act and plaintiff returned to work, briefly. The court affirmed the dismissal of plaintiff's complaint, although its reasoning differed from the trial court. The court found that the count alleging a violation of defendant union's duty of "fair representation" was facially valid, because an exception to preemption was made where a nonjudicial forum might not be impartial. However, the state court was required to apply federal law, and a mere failure to arbitrate was not a violation of defendant union's duty of fair representation. The court assessed the other counts on substance, not form, and determined they restated similar causes of action in different state terms of liability and that preemption barred their consideration. Accordingly, dismissal was proper.

Outcome

The court affirmed the dismissal of plaintiff union member's complaint alleging that defendants, union and its officers, failed to adequately represent her in a post-discharge grievance procedure. The court held that the complaint did not state a cause of action under federal law for the breach of the duty to give "fair representation" and that claims under state tort and contract law could not be maintained in light of federal preemption.