Conner

This is an appeal from a summary judgment granted defendants in an action asserting defamation, inducement of breach of a union’s duty of fair representation, and breach of an oral contract of employment. It raises the issue of the collateral estoppel consequences of findings in a labor grievance proceeding which, if conclusive in the case at bench, bar plaintiff’s recovery. Concluding that the doctrine of collateral estoppel applies, we affirm the judgment.

Ray O. Conner was employed by Dart Transportation Service as a truck driver. He was a member of Western States Area Pick-up and Delivery Local Cartage and Dock Workers Union and covered by a collective bargaining agreement between the union and Dart. Conner was discharged from his job for stealing coffee from his employer. Pursuant to article 45 of the collective bargaining agreement, Conner initiated a grievance proceeding, asserting that he had been improperly fired. As required by the agreement, a hearing was conducted on Conner’s grievance at which Conner was represented by a union agent. On August 10, 1971, the hearing board, consisting of the “Joint State Committee” designated in the agreement, concluded that…