Aragon

Appellant, a discharged employee, brought an action against her employer, her union, and a law firm and attorney retained by her union to represent its members in grievance and arbitration proceedings as provided by a collective bargaining agreement. The complaint included allegations of professional malpractice. Appellant appeals from a summary judgment and judgment entered thereon based on respondents’ contention that the immunity from individual liability generally provided to union members, officials, and agents pursuant to section 301(b) of the Labor Management Relations Act ( 29 U.S.C. § 185 (b)) is available to attorneys and law firms on retainer to unions in a cause of action for professional malpractice. We affirm the judgment given the specific facts of the case before us.

Background

Appellant was discharged after more than 14 years of employment by Ralphs Grocery Company (Employer). A collective bargaining agreement between Employer and Local Union No. 572 (Union), of which appellant was a member, was in effect at the time of her discharge. Appellant sought assistance from Union for reinstatement and backpay. Pursuant to the collective bargaining agreement,…